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

1 David J. Linden Attorney at Law 2 CSBN 41221 Post Office Box 5780 3 Napa, CA 94581-0780 Tel. (707) 252-7007 4 Fax. (707) 252-7883 Email - david@lindenlaw.net 5 Attorney for Plaintiff, Jeffrey Martin Bellucci 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO DIVISION 10 11 JEFFREY MARTIN BELLUCCI, ) Case No.: 2:20-cv-01684-JDP ) 12 Plaintiff, ) STIPULATION AND PROPOSED ORDER ) FOR THE AWARD OF ATTORNEY’S FEES 13 vs. ) AND COSTS PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 14 KILOLO KIJAKAZI, Acting Commissioner of ) 2412(D) Social Security, ) 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 will be awarded attorney fees in the 19 amount of eleven thousand dollars ($11,000.00) under the Equal Access to Justice Act (EAJA), 20 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on 21 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 22 §§ 2412(d); 1920. The parties further stipulate that Plaintiff shall be reimbursed his filing fee 23 herein of Four Hundred Dollars ($400.00). 24 25 // 1 After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any 2 assignment of EAJA fees to David J. Linden. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252- 3 2253 (2010), the ability to honor any such assignment will depend on whether the fees are 4 subject to any offset allowed under the United States Department of the Treasury's Offset 5 Program. After the order for EAJA fees is entered, the Defendant will determine whether they 6 are subject to any offset. 7 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 8 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be 9 made directly to David J. Linden, pursuant to any assignment executed by Plaintiff. Any 10 payments made shall be delivered to David J. Linden. 11 12 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees 13 and does not constitute an admission of liability on the part of Defendant. This award is without 14 prejudice to the rights of Plaintiff’s counsel to seek Social Security Act attorney fees under 42 15 U.S.C. § 406, subject to the provisions of the EAJA. 16 Dated: December 16, 2022 /s/ David J. Linden 17 DAVID J. LINDEN Attorney for Plaintiff 18 19 Dated: December 16, 2022 PHILLIP A. TALBERT United States Attorney 20 By /s/ Oscar Gonzalez de Llano 21 OSCAR GONZALEZ de LLANO 22 (as authorized by email on 12/16/2022) Special Assistant US Attorney 23 Attorneys for Defendant 24 // 25 // nen enn ene en en nnn nn nnn I I ED OE 1 ORDER 2 ; PURSUANT TO STIPULATION, 4 IS SO ORDERED. 5 / □ Dated: __December 20, 2022 _ gigs Was JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BELLUCCI V. KIJAKAZI, Acting COSS, Case 2:20-cv-01684-JDP, STIPULATION AND PROPOSED ORDER RE E.AJ.A. FEES Page 3