(SS) Sarcos v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 ) Case No. 2:21-cv-00196-JDP FRANCISCO SARCOS, ) 13 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 14 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. 15 ) § 2412(d); ORDER ) 16 KILOLO KIJAKAZI, ) ECF Nos. 23, 24 Acting Commissioner of Social Security, ) 17 ) ) 18 Defendant. ) ) 19 ) ) 20 21 22 IT IS HEREBY STIPULATED by and between the parties through their undersigned 23 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 24 expenses in the amount of four thousand two hundred forty two dollars and three cents 25 ($4,242.03) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs 26 under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered 27 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 28 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider 1 the matter of Plaintiff’s assignment of EAJA fees to counsel, Jesse S. Kaplan. Pursuant to 2 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to 3 honor the assignment will depend on whether the fees are subject to any offset allowed under 4 the United States Department of the Treasury’s Offset Program. After the order for EAJA fees 5 is entered, the government will determine whether they are subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause the 8 payment of fees and expenses to be made directly to Mr. Kaplan, pursuant to the assignment 9 executed by Plaintiff. Any payments made shall be delivered to Mr. Kaplan. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 11 attorney fees, and does not constitute an admission of liability on the part of Defendant under 12 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 13 from, and bar to, any and all claims that Plaintiff and/or Jesse S. Kaplan including may have 14 relating to EAJA attorney fees in connection with this action. 15 This award is without prejudice to the rights of Mr. Kaplan to seek Social Security Act 16 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 17 This stipulation is intended to terminate the motion filed by Plaintiff at Dkt. No. 23. 18 19 Respectfully submitted, 20 21 Dated: March 15, 2022 22 /s/ Jesse S. Kaplan*_____ (*as authorized via email on March 15, 2022) 23 JESSE S. KAPLAN 24 Attorney for Plaintiff 25 26 27 28 Dated: March 15, 2022 PHILLIP A. TALBERT 1 United States Attorney 2 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 3 Social Security Administration 4 By: /s/ Allison J. Cheung 5 ALLISON J. CHEUNG Special Assistant U.S. Attorney 6 Attorneys for Defendant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER > Pursuant to the above Stipulation, ECF No. 24, and for good cause shown, it is ordered 3 that plaintiff be awarded attorney fees and expenses in the amount of four thousand two hundred 4 forty-two dollars and three cents ($4,242.03) under the Equal Access to Justice Act, 28 U.S.C. 5 || 2412(d), and no costs under 28 U.S.C. § 1920. Plaintiffs motion for attorney fees, ECF No. 6 || 23, is granted as consistent with this stipulation. 7 g IT IS SO ORDERED. 9 ( — Dated: _ March 28, 2022 10 wt D. PETERSON 1 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28