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

1 2 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 3 JOSEPHINA ANN MEDINA Case No. 1:21-CV-00566-AWI-GSA 4 5 Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE 6 v. EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) 7 KILOLO KIJAKAZI, Acting Commissioner of So cial Security, 8 9 Defendant. 10 TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE 11 UNITED STATES DISTRICT COURT: 12 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate 13 that Plaintiff be awarded attorney fees in the amount of SIX HUNDRED, SEVENTY FOUR 14 DOLLARS and 37/100 ($674.37) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 15 § 2412(d) and costs in the amount of FOUR HUNDRED, TWO DOLLARS ($402.00), to be paid 16 separately from the Judgment Fund. This amount represents compensation for all legal services 17 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 18 28 U.S.C. § 2412(d). 19 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 20 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 21 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 22 depend on whether the fees are subject to any offset allowed under the United States Department 23 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 24 determine whether they are subject to any offset. 25 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 26 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 27 1 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 2 Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Meghan O. Lambert at 3 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. 4 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, 5 and does not constitute an admission of liability on the part of Defendant under the EAJA. 6 Payment of SIX HUNDRED, SEVENTY FOUR DOLLARS and 37/100 ($674.37) in EAJA 7 attorney fees and FOUR HUNDRED, TWO DOLLARS ($402.00) in costs to be paid separately 8 from the Judgment Fund. These payments shall constitute a complete release from, and bar to, 9 10 any and all claims that Plaintiff and Plaintiff’s attorney, Meghan O. Lambert, may have relating 11 to EAJA attorney fees in connection with this action. 12 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security 13 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 14 Respectfully submitted, 15 16 Dated: May 13, 2022 /s/ Meghan O. Lambert M EGHAN O. LAMBERT 17 Attorney for Plaintiff 18 Dated: May 13, 2022 PHILLIP A. TALBERT 19 Acting United States Attorney PETER K. THOMPSON 20 Acting Regional Chief Counsel, Region IX 21 Social Security Administration 22 By: /s/ Patrick Snyder* PATRICK SNYDER 23 Special Assistant United States Attorney 24 Attorneys for Defendant (*Permission to use electronic signature 25 obtained via email on May 13, 2022). 26 27 IT IS SO ORDERED. 1 Dated: May 16, 2022 /s/ Gary S. Austin 2 UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27