(SS) King v. Commissioner Social Security ( 2022 )

BARBARA MARIE RIZZO (CSBN 172999) 1 Attorney at Law P. O. Box 383103 2 Waikoloa, HI 96738 Telephone: 808-785-6088 3 Fax: 808-440-0699 E-Mail: mail@fedlaborlaw.com 4 Attorney for Plaintiff Denise Lea King 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ____________________________________ 9 ) DENISE LEA KING, ) No. 2:20-cv-2178 DB 10 ) Plaintiff, ) 11 ) STIPULATION AND ORDER APPROVING v. ) SETTLEMENT OF ATTORNEY FEES AND 12 ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, Acting ) ACCESS TO JUSTICE ACT, 13 Commissioner of Social Security, ) 28 U.S.C. §2412(d); AND COSTS ) PURSUANT TO 28 U.S.C. §1920 14 Defendant. ) ____________________________________) 15 IT IS HEREBY STIPULATED by and between the parties, through their 16 undersigned counsel, subject to the Court's approval, that Plaintiff be awarded 17 SEVENTEEN THOUSAND FIVE HUNDRED AND NINETY DOLLARS AND EIGHTY CENTS 18 ($17,590.80) in attorney fees and expenses under the Equal Access to Justice 19 Act ("EAJA"). These amounts represent compensation for legal services rendered 20 on behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with 28 U.S.C. §§1920, 2412(d). 22 After the Court issues an order awarding EAJA fees and expenses to 23 Plaintiff, the Government will consider the matter of Plaintiff's assignment of 24 EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 25 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States 27 Department of the Treasury's Offset Program. After the order awarding EAJA 28 fees and expenses is entered, the Government will determine whether the fees are subject to any offset. If the Department of the Treasury determines that 1 Plaintiff does not owe a federal debt, the Government shall cause the payment 2 of fees and expenses to be made directly to Barbara Marie Rizzo, pursuant to 3 the assignment executed by Plaintiff. Any payments made shall be delivered to 4 Plaintiff's counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's 6 request for EAJA attorney fees and expenses and does not constitute an 7 admission of liability on the part of Defendant under the EAJA. Payment of the 8 agreed amount shall constitute a complete release from, and bar to, any and all 9 claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA 10 attorney fees and expenses in connection with this action. 11 This award is without prejudice to the rights of Plaintiff's counsel to 12 seek attorney fees pursuant to the Social Security Act, 42 U.S.C. §406(b), 13 subject to the offset provisions of the EAJA. 14 Respectfully submitted, 15 16 Dated: October 26, 2022 “/s/Barbara Marie Rizzo” BARBARA MARIE RIZZO 17 Attorney for Plaintiff 18 Dated: October 26, 2022 "/s/Caspar Chan" 19 CASPAR CHAN (As authorized via e-mail) 20 Special Assistant United States Attorney Attorney for Defendant 21 Kilolo Kijakazi, Acting Commissioner of Social Security 22 23 ORDER 24 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 25 DATE: November 3, 2022 /s/ DEBORAH BARNES 26 UNITED STATES MAGISTRATE JUDGE 27 28