(SS) Gonzalez v. Commissioner of Social Security ( 2023 )

1 Melissa Newel (CA 148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 RAMIRO CONTRERAS GONZALEZ 6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 Social Security Administration MICHELLE PAVELEK 10 Special Assistant United States Attorney 11 160 Spear Street, Suite 800 San Francisco, CA. 94105 12 (510) 970-4862 michelle.pavelek@ssa.gov 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 RAMIRO CONTRERAS GONZALEZ, No. 1:22-CV-00959 (SKO) 18 Plaintiff, 19 v. ORDER ON STIPULATION AND 20 UNOPPOSED MOTION FOR AWARD KILOLO KIJAKAZI, AND PAYMENT OF ATTORNEYS FEES 21 ACTING COMMISSIONER OF PURSUANT TO THE EQUAL ACCESS TO SOCIAL SECURITY, JUSTICE ACT (28 U.S.C. §2412(d)) 22 Defendant. (Doc. 17) 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Ramiro Contreras Gonzalez (“Plaintiff”) be 3 awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in 4 the amount of six thousand two hundred and thirty-seven dollars and ninety-two cents 5 ($6,237.92). This represents compensation for legal services rendered on behalf of Plaintiff by 6 counsel in connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 24 Act attorney fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 25 /// 26 /// 27 /// 28 /// 1 2 Respectfully submitted, 3 Dated: April 5, 2023 NEWEL LAW 4 By: Melissa Newel 5 Melissa Newel 6 Attorney for Plaintiff RAMIRO CONTRERAS GONZALEZ 7 8 Dated: April 5, 2023 PHILLIP A. TALBERT United States Attorney 9 MATHEW W. PILE 10 Associate General Counsel Social Security Administration 11 By: Michelle Pavelek* 12 MICHELLE PAVELEK 13 (*Authorized by email dated 04/03/2023) Special Assistant U.S. Attorney 14 Attorneys for Defendant 15 16 ORDER 17 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 18 §2412(d), attorney fees in the amount of six thousand two hundred and thirty-seven dollars 19 20 and ninety-two cents ($6,237.92) and no costs be awarded subject to the terms of the parties’ 21 foregoing Stipulation and Unopposed Motion (Doc. 17). 22 23 IT IS SO ORDERED. 24 Dated: April 6, 2023 /s/ Sheila K. Oberto . 25 UNITED STATES MAGISTRATE JUDGE 26 27 28