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

1 Meghan O. Lambert, Esq. Osterhout Berger Disability Law, LLC 2 521 Cedar Way, Suite 200 Oakmont, PA 15139 3 Phone: 412-794-8003 4 Meghan@mydisabilityattorney.com CA Bar ID: 258040 5 Attorney for Plaintiff, Kathleen Victoria Esparza 6 PHILLIP A. TALBERT Acting United States Attorney 7 DEBORAH LEE STACHEL 8 Regional Chief Counsel Oscar Gonzalez de Llano 9 Special Assistant United States Attorney Social Security Administration 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 Telephone: 415-268-5601 12 Email: Oscar.Gonzalez@ssa.gov Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 15 16 KATHLEEN VICTORIA ESPARZA No. 2:20-cv-0824 DB 17 Plaintiff, STIPULATION AND ORDER FOR THE 18 AWARD OF ATTORNEY FEES UNDER THE v. EQUAL ACCESS TO JUSTICE ACT (EAJA) 19 28 U.S.C. § 2412(d) KILOLO KIJAKAZI, 20 Acting Commissioner of Social Security, 21 Defendant. 22 TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE OF THE 23 UNITED STATES DISTRICT COURT: 24 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate 25 that Plaintiff be awarded attorney fees in the amount of TEN THOUSAND DOLLARS and 26 00/100 ($10,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and 27 1 costs in the amount of FOUR HUNDRED DOLLARS ($400.00), to be paid separately from the 2 Judgment Fund. This amount represents compensation for all legal services rendered on behalf of 3 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 5 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 6 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 7 depend on whether the fees are subject to any offset allowed under the United States Department 8 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 9 10 determine whether they are subject to any offset. 11 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 12 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 13 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 14 Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Meghan O. Lambert at 15 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. 16 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, 17 and does not constitute an admission of liability on the part of Defendant under the EAJA. 18 Payment of TEN THOUSAND DOLLARS and 00/100 ($10,000.00) in EAJA attorney fees and 19 FOUR HUNDRED DOLLARS ($400.00) in costs to be paid separately from the Judgment Fund. 20 These payments shall constitute a complete release from, and bar to, any and all claims that 21 Plaintiff and Plaintiff’s attorney, Meghan O. Lambert, may have relating to EAJA attorney fees 22 in connection with this action. 23 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security 24 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 25 26 27 1 Respectfully submitted, 2 3 Dated: May 12, 2022 /s/ Meghan O. Lambert 4 M EGHAN O. LAMBERT Attorney for Plaintiff 5 6 Dated: May 13, 2022 PHILLIP A. TALBERT Acting United States Attorney 7 DEBORAH LEE STACHEL 8 Regional Chief Counsel 9 By: /s/ Oscar Gonzalez de Llano* 10 OSCAR GONZALEZ DE LLANO Special Assistant U.S. Attorney 11 Attorneys for Defendant (*Permission to use electronic signature 12 obtained via email on May 12, 2022). 13 14 ORDER 15 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 16 17 DATED: May 13, 2022 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27