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

1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 FRESNO BRANCH 4 5 SUZANA J. BARKHOSIR, Case No.: 1:20-cv-01058-BAK-GSA 6 Plaintiff, 7 vs. STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES 8 PURSUANT TO THE EQUAL ACCESS KILOLO KAJIKAZI, TO JUSTICE ACT, 28 U.S.C. § 2412(d) 9 Acting Commissioner of Social Security, 10 Defendant 11 12 IT IS HEREBY STIPULATED by and between the parties through their undersigned 13 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 14 15 EAJA in the amount of TWO-THOUSAND FOUR-HUNDRED NINETY-SEVEN dollars and 16 ELEVEN cents ($2,497.11). This amount represents compensation for all legal services 17 rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 18 accordance with 28 U.S.C. § 2412. 19 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 20 21 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 22 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 23 assignment will depend on whether the fees and expenses are subject to any offset allowed under 24 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 25 26 and expenses is entered, the government will determine whether they are subject to any offset. 27 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 28 determines that Plaintiff does not owe a federal debt, then the government shall cause the 1 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 2 3 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 4 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 5 attorney fees and expenses, and does not constitute an admission of liability on the part of 6 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 7 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 8 9 EAJA attorney fees and expenses in connection with this action. 10 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 11 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 12 13 Respectfully submitted, 14 15 Dated: May 16, 2022 /s/ Shellie Lott SHELLIE LOTT 16 Attorney for Plaintiff 17 PHILLIP A. TALBERT 18 Acting United States Attorney PETER K. THOMPSON 19 Acting Regional Chief Counsel, Region IX 20 Date: May 16, 2022 /s/ Sathya Oum 21 (As authorized via email on 5/13/22) SATHYA OUM 22 Special Assistant United States Attorney 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 FRESNO BRANCH 4 SUZANA J. BARKHOSIR, Case No.: 1:20-cv-01058-BAK-GSA 5 Plaintiff, 6 ORDER FOR THE AWARD OF 7 vs. ATTORNEY FEES PURSUANT TO THE 8 KILOLO KAJIKAZI, EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social Security, 9 10 Defendant 11 12 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees 13 under EAJA, in the amount of TWO-THOUSAND FOUR-HUNDRED NINETY-SEVEN 14 dollars and ELEVEN cents ($2,497.11), are awarded to Plaintiff, subject to the terms of the 15 16 stipulation. 17 18 19 IT IS SO ORDERED. 20 21 Dated: May 16, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28