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

1 || HARVEY P. SACKETT (72488) 2 AND ASSOCIATES 3 A PROFESSIONAL LAW CORP. 4 548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 || Email: hps@sackettlaw.com 7 || Attorney for Plaintiff 8 || /as 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 DAWN M. ERICKSON, ) Case No.: 2:20-cv-02123-JDP 13 Plaintiff, ) STIPULATION AND fPROPGSEB} 14 ORDER FOR THE AWARD AND Vv. ) PAYMENT OF ATTORNEY FEES 15 ) PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 16 || KILOLO KUAKAZI; USC 8 214100) Commissioner of Social Security, ) 17 ) 8 Defendant. 19 20 On September 29, 2022, this Court issued an order reversing the final decision of the Defendant, Kilolo Kijakazi, the Commissioner of Social Security (Commissioner), with a 9 remand for a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered. 23 24 jf Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25 25(d)(1) of the Federal Rules of Civil Procedure Kilolo Kijakazi should be substituted, therefore, for Commissioner Andrew Saul as Defendant in this suit. No further action need be taken to continue this suit 26 || by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 27 28 KETT || STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 In the interest of administrative and judicial economy, the parties have agreed to stipulate 2 || that an award of FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS AND ZERO CENTS 3 ($5,250.00) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 4 || is reasonable. This award is without prejudice to Plaintiff's right to seek attorney’s fees under 5 || section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of 6 || the EAJA. However, this award shall constitute a complete release from and bar to any claims 7 |! Plaintiff may have relating to EAJA fees and costs. Further, such award shall not be used as 8 precedent in any future cases, nor be construed as a concession by the Commissioner that the 9 original administrative decision denying benefits to Plaintiff was not substantially justified. 10 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider || the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 12 |! Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether || the fees are subject to any offset allowed under the United States Department of the Treasury’s 14 || Offset Program. After the order for EAJA is entered, the Government will determine whether 15 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 16 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 17 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 18 I as signment executed by Plaintiff. Any payments made shall be delivered and made payable to 19 || Counsel. 20 Accordingly, Defendant agrees to pay Plaintiff $5,250.00 in attorney’s fees. 21 All parties whose signature lines appear in this document have consented to its filing. 22 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 23 || to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 24 provisions of the EAJA. 25 26 || Dated: December 16, 2022 SACKETT AND ASSOCIATES 27 28 ° LAW CORP. STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 By: /s/ HARVEY P. SACKETT 2 HARVEY P. SACKETT Attorney for Plaintiff 3 DAWN M. ERICKSON 4 Dated: December 16, 2022 PHILLIP A TALBERT 5 United States Attorney 6 By: /s/DANIEL P, TALBERT 7 DANIEL P. TALBERT Special Assistant United States Attorney 8 Attorney for Defendant 9 [*As authorized by email on 12/16/22] 10 ORDER ll 12. || Pursuant to the stipulation, IT IS SO ORDERED. 13 14 |) Dated: __December 16, 2022 q_ `` 15 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 ° CORP. STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822, || FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)