(SS) Nelson v. Commissioner of Social Security ( 2023 )

1 Melissa Newel (CA 148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 VICKI COLLEEN NELSON 6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 Social Security Administration LARS J. NELSON (MN 0389274) 10 Special Assistant United States Attorney 11 6401 Security Boulevard Baltimore, MD 21235 12 (206) 615-3717 lars.nelson@ssa.gov 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 VICKI COLLEEN NELSON, No. 1:21-CV-01791 (SKO) 18 Plaintiff, 19 v. STIPULATION AND UNOPPOSED 20 MOTION FOR AWARD AND PAYMENT KILOLO KIJAKAZI, OF ATTORNEYS FEES PURSUANT TO 21 ACTING COMMISSIONER OF THE EQUAL ACCESS TO JUSTICE ACT SOCIAL SECURITY, (28 U.S.C. §2412(d)) 22 Defendant. (Doc. 28) 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Vicki Colleen Nelson (“Plaintiff”) be awarded 3 attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the 4 amount of eight thousand six hundred and eighty-one dollars and forty-six cents ($8,681.46). This 5 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 3 Respectfully submitted, 4 Dated: September 14, 2023 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 VICKI COLLEEN NELSON 9 10 Dated: September 14, 2023 PHILLIP A. TALBERT United States Attorney 11 MATHEW W. PILE Associate General Counsel 12 Social Security Administration 13 By: Lars J. Nelson* 14 LARS J. NELSON (*Authorized by email dated 09/13/2023) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 ORDER 19 Pursuant to the foregoing Stipulation and Unopposed Motion (Doc. 28), IT IS HEREBY 20 ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d), attorney fees in 21 the amount of eight thousand six hundred and eighty-one dollars and forty-six cents 22 ($8,681.46) be awarded subject to the terms of the Stipulation. 23 24 IT IS SO ORDERED. 25 26 Dated: September 15, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 27 28