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

PHILLIP A. TALBERT 1 United States Attorney 2 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 3 Social Security Administration CHANTAL R. JENKINS, PA SBN 307531 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4823 Facsimile: (415) 744-0134 7 E-Mail: Chantal.Jenkins@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 ) 1:20-cv-01230-BAK (EPG) JAMES LUE MOUA, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. 16 KILOLO KIJAKAZI, ) § 2412(d) Acting Commissioner of Social Security, ) 17 ) (ECF Nos. 28, 31). Defendant. ) 18 ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff James Moua [Plaintiff] be awarded 22 attorney fees in the amount of eight thousand seven hundred dollars ($8,700.00) under the Equal 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred 24 dollars ($400.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal 25 services rendered on behalf of Plaintiff by counsel Jonathan Pena (counsel) in connection with 26 this civil action, in accordance with 28 U.S.C. § 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of [Plaintiff]’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 1 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 2 depend on whether the fees are subject to any offset allowed under the United States Department 3 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 4 determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 8 Plaintiff. Any payments made shall be delivered to counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or counsel including [counsel’s firm] may have 13 relating to EAJA attorney fees in connection with this action. This award is without prejudice to 14 the rights of counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject 15 to the savings clause provisions of the EAJA. 16 Respectfully submitted, 17 Dated: May 20, 2022 /s/ Jonathan Pena by Chantal R. Jenkins* 18 *As authorized via email on May 20, 2022 Jonathan Pena 19 Attorney for Plaintiff 20 Dated: May 20, 2022 PHILLIP A. TALBERT 21 United States Attorney DEBORAH LEE STACHEL 22 Regional Chief Counsel, Region IX Social Security Administration 23 24 By: /s/ Chantal R. Jenkins 25 CHANTAL R. JENKINS 26 Special Assistant United States Attorney 27 28 ORDER 3 IT IS HEREBY ORDERED that, based on the parties’ stipulation for the award and 4 || Payment of attorney fees and expenses pursuant to the and Equal Access to Justice Act, 28 5 U.S.C. § 2412(d), CECF No. 31), attorney fees in the amount of eight thousand seven hundred 6 dollars ($8,700.00), and costs in the amount of four hundred dollars ($400.00) under 28 U.S.C. 7 || § 1920, shall be awarded subject to the terms of the stipulation. Given the parties’ stipulation, the 8 || Clerk of Court is respectfully directed to terminate as pending Plaintiff's motion for attorney 9 || fees. (ECF No. 28). 10 11 |[ IS SO ORDERED. ll Dated: _May 23, 2022 [Jee heey — 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28