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

1 Meghan O. Lambert, Esq. CA Bar ID: 258040 2 Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 3 Oakmont, PA 15139 4 Phone: 412-794-8003 Meghan@mydisabilityattorney.com 5 Attorney for Plaintiff, James Allen Robertson 6 PHILLIP A. TALBERT United States Attorney 7 PETER K. THOMPSON 8 Acting Regional Chief Counsel DANIEL P. TALBERT 9 Special Assistant United States Attorney Social Security Administration 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 Telephone: (510) 970-4860 12 Facsimile: (415) 744-0134 Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 JAMES ALLEN ROBERTSON, Case No. 1:20-cv-01332-BAM 17 Plaintiff, STIPULATION AND ORDER FOR THE 18 AWARD OF ATTORNEY FEES UNDER THE v. EQUAL ACCESS TO JUSTICE ACT (EAJA) 19 28 U.S.C. § 2412(d) KILOLO KIJAKAZI, 20 Acting Commissioner of Social Security, 21 Defendant. 22 TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE OF 23 THE UNITED STATES DISTRICT COURT: 24 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate 25 that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND, FIVE 26 HUNDRED DOLLARS and 00/100 ($7,500.00) under the Equal Access to Justice Act (EAJA), 27 1 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on 2 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 3 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 5 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 6 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 7 depend on whether the fees are subject to any offset allowed under the United States Department 8 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 9 10 determine whether they are subject to any offset. 11 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 12 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees 13 and expenses to be made directly to counsel, pursuant to the assignment executed by Plaintiff. 14 Any payments made shall be delivered to Plaintiff’s counsel, Meghan O. Lambert at 521 Cedar 15 Way, Suite 200, Oakmont, Pennsylvania 15139. 16 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, 17 and does not constitute an admission of liability on the part of Defendant under the EAJA. 18 Payment of SEVEN THOUSAND, FIVE HUNDRED DOLLARS and 00/100 ($7,500.00) in 19 EAJA attorney fees. These payments shall constitute a complete release from, and bar to, any 20 and all claims that Plaintiff and Plaintiff’s attorney, Meghan O. Lambert, may have relating to 21 EAJA attorney fees in connection with this action. 22 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security 23 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 24 25 26 27 1 Respectfully submitted, 2 3 Dated: April 21, 2022 /s/ Meghan O. Lambert 4 M EGHAN O. LAMBERT Attorney for Plaintiff 5 6 Dated: April 21, 2022 PHILLIP A. TALBERT Acting United States Attorney 7 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 8 Social Security Administration 9 By: /s/ Daniel P. Talbert * 10 DANIEL P. TALBERT Special Assistant U.S. Attorney 11 Attorneys for Defendant (*Permission to use electronic signature 12 obtained via email on 4/21/22). 13 14 ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 15 Justice Act Fees and Expenses (the “Stipulation”), 28 U.S.C. § 2412(d) filed on April 21, 2022 16 (Doc. No. 25.): 17 IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND, FIVE 18 HUNDRED DOLLARS and 00/100 ($7,500.00), as authorized by the Equal Access to Justice 19 Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. §1920 be awarded subject to the 20 terms of the Stipulation. 21 22 IT IS SO ORDERED. 23 Dated: April 22, 2022 /s/ Barbara A. McAuliffe _ 24 UNITED STATES MAGISTRATE JUDGE 25 26 27