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

1 || HARVEY P. SACKETT (72488) 2 AND ASSOCIATES 3 || A PROFESSIONAL Law Corp. 4 ||548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 || Email: hps@sackettlaw.com 7 || Attorney for Plaintiff 8 || /as 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DISTRICT 12 || JULIE A. SISNEROS, ) No. 2:20-cv-1470 DB ) 13 Plaintiff, ) STIPULATION AND ORDER FOR 14 ) THE AWARD AND PAYMENT OF V. ATTORNEY FEES PURSUANT TO 15 ) THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d 16 || KILOLO KIJAKAZI,! 8 (@) Commissioner of Social Security, ) 17 ) 12 Defendant. 19 20 On March 2, 2022, this Court issued an order reversing the final decision of the 21 22 jj — 24 |i Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25 25(d)(1) of the Federal Rules of Civil Procedure Kilolo Kijakazi should be substituted, therefore, for Commissioner Andrew Saul as Defendant in this suit. No further action need be taken to continue this suit 26 || by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 27 28 KETT LAW AMENDED STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1) FREES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 || Defendant, Kilolo Kyakazi, the Acting Commissioner of Social Security (Commissioner), with a 2 remand for the immediate award of benefits, 42 U.S.C. § 405(g) (sentence four); judgment was 3 || entered. 4 In the interest of administrative and judicial economy, the parties have agreed to stipulate 5 || that an award of FOUR THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS AND 6 ||SEVENTY-FIVE CENTS ($4,467.75) in attorney fees under the Equal Access to Justice Act 7 (EAJA), 28 U.S.C. § 2412(d), is reasonable. This award is without prejudice to Plaintiff's right 8 || to seek attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), 9 subject to the offset provisions of the EAJA. However, this award shall constitute a complete 10 || release from and bar to any claims Plaintiff may have relating to EAJA fees and costs. Further, 11 || such award shall not be used as precedent in any future cases, nor be construed as a concession 12 by the Commissioner that the original administrative decision denying benefits to Plaintiff was || not substantially justified. 14 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 13. || the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 16 |! Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether 17 |] the fees are subject to any offset allowed under the United States Department of the Treasury’s 18 || Offset Program. After the order for EAJA is entered, the Government will determine whether 19 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 20 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 21 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 22 assignment executed by Plaintiff. Any payments made shall be delivered and made payable to 23 |! Counsel. 24 Accordingly, Defendant agrees to pay Plaintiff $4,467.75 in attorney’s fees. 25 All parties whose signature lines appear in this document have consented to its filing. 26 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 27 28 ° LAW CORP. AMENDED STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 I] to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 2 provisions of the EAJA. 3 4 || Dated: April 18, 2022 SACKETT AND ASSOCIATES 5 By: /s/ HARVEY P. SACKETT 6 HARVEY P. SACKETT Attorney for Plaintiff 7 JULIE A. SISNEROS 8 9 Dated: April 19, 2022 PHILLIP A. TALBERT United States Attorney 10 By: /s/MARGARET LEHRKIND 1] MARGARET LEHRKIND Special Assistant United States Attorney 12 Attomey for Defendant 3 [*As authorized by email on 4/18/22] 14 15 ORDER 16 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 17 || DATED: April 19, 2022 /s| DEBORAH BARNES 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 KETT LAW CORP. AMENDED STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)