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

1 PHILLIP A. TALBERT United States Attorney 2 MATHEW W. PILE, WSBA No. 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 4 Social Security Administration CASPAR CHAN 5 Special Assistant United States Attorney 6 Social Security Administration 160 Spear Street, Suite 800 7 San Francisco, CA 94105 8 Telephone: 510-970-4810 9 Facsimile: 415-744-0134 Email: Caspar.Chan@ssa.gov 10 Attorneys for Defendant 11 Meghan O. Lambert, Esq. 12 Osterhout Berger Disability Law, LLC 13 521 Cedar Way, Suite 200 Oakmont, PA 15139 14 Phone: 412-794-8003 15 Meghan@mydisabilityattorney.com CA Bar ID: 258040 16 Attorney for Plaintiff 17 18 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 19 20 LARCELIA WICKS, No. 2:21-cv-1776-DB 21 Plaintiff, STIPULATION AND ORDER FOR THE 22 AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT 23 (EAJA) 24 KILOLO KIJAKAZI, 28 U.S.C. § 2412(d), AND COSTS Acting Commissioner of Social PURSUANT TO 28 U.S.C. § 1920 25 Security, 26 Defendant. 27 1 TO THE HONORABLE DEBORAH BARNES, 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 FIVE THOUSAND, 5 FOUR HUNDRED DOLLARS and 00/100 ($5,400.00) under the Equal Access to 6 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 7 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 8 action, in accordance with 28 U.S.C. §§ 1920, 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, Meghan O. 20 Lambert, pursuant to the assignment executed by Plaintiff. Any payments made shall 21 be delivered to Plaintiff’s counsel, Meghan O. Lambert at 521 Cedar Way, Suite 200, 22 Oakmont, Pennsylvania 15139. 23 This stipulation constitutes a compromise settlement of Plaintiff’s request for 24 EAJA fees, and does not constitute an admission of liability on the part of Defendant 25 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete 26 release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s attorney, 27 1 Meghan O. Lambert, including Osterhout Berger Disability Law, LLC, may have 2 relating to EAJA attorney fees in connection with this action. 3 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 4 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 5 provisions of the EAJA. 6 Respectfully submitted, 7 8 Dated: December 6, 2022 /s/ Meghan O. Lambert 9 M EGHAN O. LAMBERT Attorney for Plaintiff 10 11 Dated: December 6, 2022 PHILLIP A. TALBERT 12 United States Attorney 13 MATHEW W. PILE 14 Associate General Counsel 15 Office of Program Litigation, Office 7 Social Security Administration 16 17 By: /s/ * Caspar Chan CASPAR CHAN 18 Special Assistant U.S. Attorney 19 Attorneys for Defendant (*Permission to use electronic signature 20 obtained via email on December 5, 2022). 21 22 ORDER 23 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 24 25 DATED: December 14, 2022 /s/ DEBORAH BARNES 26 UNITED STATES MAGISTRATE JUDGE 27