(SS)Ede v. Commissioner of Social Security ( 2023 )

1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM P.O. Box 590881 3 San Francisco, CA 94159 4 Phone: 866-342-6180 Fax: 415-500-4081 5 jmetsker@metskerlaw.com Attorney for Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JACOB L. EDE, No. 1:22-cv-00052-EPG 11 Plaintiff, 12 ORDER RE: STIPULATION FOR THE AWARD v. OF ATTORNEY FEES PURSUANT TO THE 13 EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § KILOLO KIJAKAZI, Acting 2412(d) 14 Commissioner of Social Security, (ECF No. 19). 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 19 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND 20 21 EIGHT HUNDRED DOLLARS ($6,800.00) and no costs under 28 U.S.C. § 1920. These 22 amounts represent compensation for all legal services rendered and costs incurred on behalf of 23 Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. 24 §§ 2412(d) and 1920. 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 27 28 attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment 1 will depend on whether the fees are subject to any offset allowed under the United States 2 Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses is 3 entered, the government will determine whether they are subject to any offset. 4 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 5 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 6 7 the payment of fees to be made directly to the Metsker Law Firm, pursuant to the assignment 8 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 10 attorney fees and expenses, and does not constitute an admission of liability on the part of 11 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 12 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 13 EAJA attorney fees and expenses in connection with this action. 14 15 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 16 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 17 18 Respectfully submitted, 19 20 Dated: April 28, 2023 /s/ John David Metsker JOHN DAVID METSKER 21 Attorney for Plaintiff 22 23 Dated: April 28, 2023 /s/ Marcelo Illarmo 24 MARCELO ILLARMO *As authorized via email on 25 April 28, 2023 26 Special Assistant United States Attorney Attorney for Defendant 27 28 1 ORDER 2 Based upon the parties’ stipulation (ECF No. 19), IT IS ORDERED that fees and 3 || expenses in the amount of $6,800.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 4 | U.S.C. § 1920, be awarded subject to the terms of the stipulation. 5 IT IS SO ORDERED. 6 7) Dated: _May 1, 2023 □□□ hey 3 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28