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

PHILLIP. A. TALBERT 1 United States Attorney MATHEW W. PILE SBN WA 32245 2 Associate General Counsel Office of Program Litigation, Office 7 3 Social Security Administration MARY TSAI, CA SBN 216963 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 Telephone: 510-970-4864 6 Facsimile: (415) 744-0134 E-Mail: mary.tsai@ssa.gov 7 Attorneys for Defendant 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 JACK HAMM, ) CIVIL NO. 2:21-cv-00645-JDP ) 15 Plaintiff, ) STIPULATION AND [PROPOSED] ORDER v. ) APPROVING SETTLEMENT 16 ) OF ATTORNEY FEES UNDER KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE ACT 17 Acting Commissioner of Social Security, ) [28 U.S.C. §2412(d)] ) 18 Defendant. ) ) 19 ) 20 21 THE PARTIES STIPULATE through the undersigned, subject to the approval of the 22 Court, that Plaintiff be awarded attorney fees in the amount of Six Thousand Five Hundred 23 dollars ($6,500.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there 24 will be no award of costs. This will represent compensation for all legal services rendered by 25 counsel for Plaintiff in this civil action and in accordance with 28 U.S.C. §§ 1920, 2412(d). 26 Upon the Court’s order for EAJA fees, Defendant will consider the assignment of those 27 EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 28 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are 1 subject to any offset allowed under the United States Department of the Treasury’s Offset 2 Program. After the order for EAJA fees is entered, the government will determine whether they 3 are subject to any offset. Fees shall be made payable to Plaintiff, but if the Treasury 4 Department determines Plaintiff owes no federal debt, then the government shall pay the fees 5 directly to Jesse S. Kaplan based on an assignment executed by Plaintiff and will deliver the 6 payment to said counsel. 7 This Stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees 8 and does not constitute an admission of liability on the part of Defendant under the EAJA or 9 otherwise. Payment of this agreed amount shall constitute a complete release from, and bar to, 10 any and all claims that Plaintiff and/or his counsel, including counsel’s firm, may have 11 regarding EAJA fees relating to this action. This award is without prejudice to Plaintiff’s 12 counsel’s right to fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the 13 EAJA. 14 Respectfully submitted this December 2, 2022. 15 16 DATED: December 2, 2022 /s/ Jesse S. Kaplan* (*as authorized via e-mail on December 2, 2022) 17 JESSE S. KAPLAN Attorney for Plaintiff 18 19 DATED: December 2, 2022 PHILLIP. A. TALBERT United States Attorney 20 MATHEW W. PILE Associate General Counsel 21 Office of Program Litigation, Office 7 22 Social Security Administration 23 By: /s/ Mary Tsai 24 MARY TSAI Special Assistant U.S. Attorney 25 Attorneys for Defendant 26 27 28 | PROPOSED} ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees (the “Stipulation”), 4 IT IS ORDERED that fees in the amount of Six Thousand Five Hundred dollars 5 || ($6,500.00) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be 6 || awarded subject to the terms of the Stipulation. 7 Plaintiffs previously filed motion for EAJA fees (Dkt. 23) is denied as moot. 9 IT IS SO ORDERED. 10 ( 1 btw — i Dated: _ December 2, 2022 Q_——_ JEREMY D,. PETERSON 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip.; 2:21-cv-00645-JDP