(SS) De Uribe v. Commissioner of Social Security ( 2022 )

1 PHILLIP A. TALBERT Acting United States Attorney 2 MATHEW W. PILE, WSBA No. 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 4 Social Security Administration ANDREA BANKS, CA SBN 275286 5 Special Assistant United States Attorney 6 160 Spear Street, Suite 800 San Francisco, California 94105 7 Telephone: 510-970-4803 8 Facsimile: (415) 744-0134 9 E-Mail: andrea.banks@ssa.gov Attorneys for Defendant 10 11 Meghan O. Lambert, Esq. Osterhout Berger Disability Law, LLC 12 521 Cedar Way, Suite 200 13 Oakmont, PA 15139 Phone: 412-794-8003 14 Meghan@mydisabilityattorney.com 15 CA Bar ID: 258040 Attorney for Plaintiff 16 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA 19 ELVIA ANDRADE DE URIBE, Case No. 1:22-CV-00262-SKO 20 Plaintiff, STIPULATION AND ORDER FOR THE 21 AWARD OF ATTORNEY FEES UNDER 22 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) 23 KILOLO KIJAKAZI, 24 Acting Commissioner of Social (Doc. 18) Security, 25 26 Defendant. 27 1 TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE OF 2 THE UNITED STATES DISTRICT COURT: 3 The Parties through their undersigned counsel, subject to the Court’s approval, 4 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND, 5 SEVEN HUNDRED, FIFTY DOLLARS and 00/100 ($6,750.00) under the Equal 6 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 7 compensation for all legal services rendered on behalf of Plaintiff by counsel in 8 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 9 After the Court issues an order for EAJA fees to Plaintiff, the government will 10 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 11 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 12 to honor the assignment will depend on whether the fees are subject to any offset 13 allowed under the United States Department of the Treasury’s Offset Program. After 14 the order for EAJA fees is entered, the government will determine whether they are 15 16 subject to any offset. 17 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 18 determines that Plaintiff does not owe a federal debt, then the government shall cause 19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 21 counsel, Meghan O. Lambert. 22 This stipulation constitutes a compromise settlement of Plaintiff’s request for 23 EAJA fees, and does not constitute an admission of liability on the part of Defendant 24 under the EAJA. Payment of SIX THOUSAND, SEVEN HUNDRED, FIFTY 25 DOLLARS and 00/100 ($6,750.00) shall constitute a complete release from, and bar to, 26 any and all claims that Plaintiff and Plaintiff’s attorney, Meghan O. Lambert, may have 27 relating to EAJA attorney fees in connection with this action. 1 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 3 provisions of the EAJA. 4 Respectfully submitted, 5 Dated: December 5, 2022 /s/ Meghan O. Lambert 6 M EGHAN O. LAMBERT 7 Attorney for Plaintiff 8 Dated: December 5, 2022 PHILLIP A. TALBERT 9 Acting United States Attorney 10 MATHEW W. PILE, WSBA No. 32245 11 Associate General Counsel 12 Office of Program Litigation, Office 7 Social Security Administration 13 14 By: /s/ *Andrea Banks ANDREA BANKS 15 Special Assistant United States Attorney 16 Attorneys for Defendant (*Permission to use electronic signature 17 obtained via email on November 30, 2022). 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ foregoing Stipulation for the Award and Payment of 3 Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 18), 4 IT IS ORDERED that fees and expenses in the amount of SIX THOUSAND, 5 6 SEVEN HUNDRED, FIFTY DOLLARS and 00/100 ($6,750.00) as authorized by the 7 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the 8 9 terms of the Stipulation. 10 IT IS SO ORDERED. 11 12 Dated: December 6, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27