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

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 5250 Claremont Avenue, Suite 241 3 Stockton, California 95207 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 NICOLE M. VERDUN, No. 2:22-cv-0345 DB 11 Plaintiff, 12 STIPULATION AND ORDER FOR THE vs. 13 AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS KILOLO KAJIKAZI, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social Security, 15 16 Defendant 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 20 EAJA in the amount of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500). This 21 amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by 22 23 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412, 1920. 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v. 26 Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the 27 fees are subject to any offset allowed under the United States Department of the Treasury's 28 1 Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the 5 6 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 9 attorney fees and expenses, and does not constitute an admission of liability on the part of 10 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 11 12 complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel, 13 including the Lott Law Offices, may have relating to EAJA attorney fees and expenses in 14 connection with this action. 15 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 16 Act attorney fees under 42 U.S.C. § 406, subject to the savings clause of the EAJA. 17 18 19 Respectfully submitted, 20 Dated: November 16, 2022 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff 22 PHILLIP A. TALBERT 23 Acting United States Attorney 24 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 25 Date: November 16, 2022 /s/ Mary Tsai 26 (As authorized via email on 11/09/22) 27 MARY TSAI Special Assistant United States Attorney 28 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 DATE: November 17, 2022 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28