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

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5 6 Attorney for Plaintiff SERENA ANNE SHIMP 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SERENA ANNE SHIMP, Case No. 2:21-cv-02152-CKD 12 Plaintiff, STIPULATION FOR THE AWARD 13 AND PAYMENT OF ATTORNEY 14 v. FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 15 KILOLO KIJAKAZI, Acting JUSTICE ACT; ORDER 16 Commissioner of Social Security, 17 Defendant. 18 IT IS HEREBY STIPULATED by and between the parties through their 19 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 20 attorney fees and expenses in the amount of $6,800.00, under the Equal Access to 21 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C § 1920. This 22 amount represents compensation for all legal services rendered on behalf of Plaintiff by 23 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 24 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will 26 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 27 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 1 to honor the assignment will depend on whether the fees are subject to any offset 2 allowed under the United States Department of the Treasury’s Offset Program. After 3 the order for EAJA fees is entered, the government will determine whether they are 4 subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause 7 the payment of fees and expenses to be made directly to Plaintiff’s counsel, Francesco 8 Benavides, pursuant to the assignment executed by Plaintiff. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for 10 EAJA attorney fees and does not constitute an admission of liability on the part of 11 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 12 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 13 Francesco Benavides, including Law Offices of Francesco Benavides, may have 14 relating to EAJA attorney fees in connection with this action. 15 This award is without prejudice to the rights of Francesco Benavides to seek 16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 17 clause provisions of the EAJA. 18 19 Respectfully submitted, 20 21 Dated: April 21, 2022 Law Offices of Francesco Benavides 22 By: /s/ Francesco Benavides 23 FRANCESCO P. BENAVIDES 24 Attorney for Plaintiff 25 26 Dated: April 21, 2022 STEPHANIE HINDS United States Attorney 27 PETER K. THOMPSON 1 Acting Regional Chief Counsel, Region IX Social Security Administration 2 3 By: Mary Tsai* MARY TSAI 4 Special Assistant U.S. Attorney 5 Attorneys for Defendant (*Permission to use electronic signature 6 obtained via email on April 21, 2022). 7 ORDER 8 9 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 10 || to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 11 amount of $6,800.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms 12 13 || of the Stipulation. 14 - Apri A. ge fie Dated: April 25, 2022 (ard LK. le po 15 CAROLYN K. DELANEY 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 -3-