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

PHILLIP A. TALBERT 1 United States Attorney 2 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 3 Social Security Administration CHANTAL R. JENKINS, PA SBN 307531 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4823 Facsimile: (415) 744-0134 7 E-Mail: Chantal.Jenkins@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) 2:20-cv-02183-DMC MICHAEL JAMES PRATT, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 16 KILOLO KIJAKAZI, ) 2412(d), Acting Commissioner of Social Security, ) 17 ) Defendant. ) 18 ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff Michael James Pratt [Plaintiff] be 22 awarded attorney fees and expenses in the amount of eleven thousand dollars ($11,000.00) under 23 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by Jared Walker (counsel) in 25 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 28 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 1 depend on whether the fees are subject to any offset allowed under the United States Department 2 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 6 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 7 Plaintiff. Any payments made shall be delivered to counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or counsel may have relating to EAJA attorney fees in 12 / / / 13 / / / 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 28 1 |} connection with this action. This award is without prejudice to the rights of counsel to seek 2 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 3 || provisions of the EAJA. 4 Respectfully submitted, > Dated: April 14, 2022 /s/ Jared Walker by Chantal R. Jenkins* 6 Law Office of Jared T. Walker, PC *As authorized via email on December 27, 2021 7 Jared Walker 8 Attorney for Plaintiff 9 || Dated: April 14, 2022 PHILLIP A. TALBERT United States Attorney 10 PETER K. THOMPSON 1 Acting Regional Chief Counsel, Region IX Social Security Administration 12 13 By: /s/Chantal R. Jenkins 14 CHANTAL R. JENKINS Special Assistant United States Attorney 15 16 17 18 ORDER 19 20 APPROVED AND SO ORDERED: 21 22 Dated: April 19, 2022 23 DENNIS M. CO 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28