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

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 ELLINOR CODER, CA 258258 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (510) 970-4814 7 E-Mail: Ellinor.Coder@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ) Case No.: 2:22-cv-01117-JDP 12 LETICIA SUMMERS, ) ) STIPULATION FOR THE AWARD AND 13 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 14 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. KILOLO KIJAKAZI, ) § 2412(d), AND COSTS PURSUANT TO 28 15 Acting Commissioner of Social Security, ) U.S.C. § 1920; [PROPOSED] ORDER ) 16 ) Defendant. ) 17 ) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 21 expenses in the amount $6,250.00 (SIX THOUSAND TWO HUNDRED and FIFTY dollars) 22 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 23 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 25 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 28 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 1 will depend on whether the fees are subject to any offset allowed under the United States 2 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 3 government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 6 expenses and costs to be made directly to counsel’s firm, the Olinsky Law Group, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 12 to EAJA attorney fees or costs in connection with this action. 13 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 14 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 15 provisions of the EAJA. Respectfully submitted, 16 17 Date: April 24, 2023 /s/ Plaintiff’s Counsel* STUART T. BARASCH 18 (as authorized by email on April 24, 2023) Attorney for Plaintiff 19 20 Date: April 24, 2023 PHILLIP A. TALBERT 21 United States Attorney MATHEW W. PILE 22 Associate General Counsel 23 Social Security Administration 24 /s/ Ellinor Coder 25 ELLINOR CODER Special Assistant United States Attorney 26 Social Security Administration Attorney for Defendant 27 28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 4 || of $6,250.00 as authorized by 28 U.S.C. § 2412, and no costs authorized by 28 U.S.C. § 1920, be 5 || awarded subject to the terms of the Stipulation. Plaintiff's motion for attorney’s fees, ECF No. 6 || 20, is denied as moot. 7 8 IT IS SO ORDERED. 9 ( _ 10 Dated: _ April 25, 2023 sro \aNse_ JEREMY D,. PETERSON 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip.; 2:22-cv-01117-JDP