(SS) Ware III v. Commissioner of Social Security ( 2022 )

1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 2 Carmichael, CA 95608 3 (916) 488-3030 (916) 489-9297 fax 4 Attorney for Plaintiff 5 FREDERICK WARE III 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA -o0O0o- 11 12 13 14 FREDERICK WARE III, ) No. 2:21-cv-00203-AC ) 15 Plaintiff, ) ) STIPULATION AND 16 v. ) PROPOSED ORDER 17 ) APPROVING SETTLEMENT Kilolo Kijakazi, ACTING ) OF ATTORNEY FEES UNDER 18 COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO SECURITY, ) JUSTICE ACT 19 ) [28 U.S.C. §2412(d)] 20 Defendant. ) ____________________________________) 21 22 THE PARTIES STIPULATE through the undersigned, subject to the approval of the 23 Court, that plaintiff be awarded attorney fees in the amount of Five Thousand Five Hundred 24 dollars ($5,500.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will 25 26 be no award of costs. This will represent compensation for all legal services rendered by counsel 27 for plaintiff in this civil action and in accordance with that statute. 28 1 Upon the Court’s order, defendant will consider the assignment of those EAJA fees 2 pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed 3 under the United States Department of Treasury’s Offset Program. Fees shall be made payable to 4 plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the 5 6 government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by 7 plaintiff and will deliver the payment to said counsel. 8 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees 9 and not an admission of liability of defendant under the EAJA. Payment of this agreed amount 10 shall constitute a complete release and bar of plaintiff and his counsel regarding EAJA fees 11 12 relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 13 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 14 15 Dated: December 11, 2022 /s/ Jesse S. Kaplan 16 17 JESSE S. KAPLAN Attorney for Plaintiff 18 19 Dated: December 12, 2022 /s/ per email authorization 20 TIMOTHY R. BOLIN 21 Special Assistant U.S. Attorney Attorney for Defendant 22 23 24 25 26 27 28 1 ORDER 2 GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that 3 1 defendant pay plaintiff's attorney fees pursuant to the E4/A in accordance with this stipulation. 5 || Plaintiffs previously filed motion for EAJA fees is denied as moot. 6 DATED: December 14, 2022 . 7 Cthten— Lape 8 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Pleading Title] - 3