(SS) William J. McMillen, IV v. Commissioner of Social Security ( 2022 )

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBA 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 ELLINOR CODER, CA 258258 5 Special Assistant United States Attorney 160 Spear Street, Suite 800 6 San Francisco, California 94105 Telephone: (510) 970-4814 7 Facsimile: (415) 744-0134 8 E-Mail: Ellinor.Coder@ssa.gov Attorneys for Defendant 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 ) Case No.: 1:21-cv-00722-EPG WILLIAM JOHN MCMILLEN IV, ) 15 ) ORDER RE: STIPULATION FOR THE Plaintiff, ) AWARD AND PAYMENT OF ATTORNEY 16 ) FEES AND EXPENSES PURSUANT TO vs. ) THE EQUAL ACCESS TO JUSTICE ACT, 17 KILOLO KIJAKAZI, ) 28 U.S.C. § 2412(d), AND COSTS Acting Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 18 ) ) (ECF No. 17). 19 Defendant. ) ) 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 22 expenses in the amount $6,341.87 (SIX THOUSAND THREE HUNDRED FORTY-ONE 23 dollars and EIGHTY-SEVEN cents) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 24 § 2412(d), and costs in the amount of $402.00 (FOUR HUNDRED AND TWO dollars and NO 25 cents) under 28 U.S.C. § 1920. This amount represents compensation for all legal services 26 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 27 28 1 28 U.S.C. §§ 1920; 2412(d). In consideration of this stipulation, Plaintiff agrees to withdraw as 2 moot his Motion for Attorney Fees (Doc. 16). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 4 the matter of Plaintiff’s assignment of EAJA fees to counsel Eddy Pierre Pierre, if any. Pursuant 5 to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to 6 honor any assignment will depend on whether the fees are subject to any offset allowed under the 7 United States Department of the Treasury’s Offset Program. After the order for EAJA fees is 8 entered, the government will determine whether they are subject to any offset. 9 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 10 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 11 expenses and costs to be made directly to counsel Eddy Pierre Pierre, pursuant to the assignment 12 executed by Plaintiff. Any payments made shall be delivered to counsel. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 14 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 15 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 16 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 17 to EAJA attorney fees or costs in connection with this action. 18 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 19 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 20 provisions of the EAJA. Respectfully submitted, 21 22 Date: December 21, 2022 /s/ Omar Ortega* OMAR ORTEGA, Esq. 23 (as authorized by email on Dec. 21, 2022) Attorney for Plaintiff 24 25 // // 26 // // 27 // 28 // Date: December 21, 2022 PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Social Security Administration 4 /s/ Ellinor R. Coder 5 ELLINOR R. CODER Special Assistant United States Attorney 6 Social Security Administration Attorney for Defendant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Based upon the parties’ stipulation (ECF No. 17), IT IS ORDERED that fees and 3 || expenses in the amount of $6,341.87 as authorized by 28 U.S.C. § 2412, and costs in the amount 4 || of $402.00 as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the stipulation. 5 || Further, the Clerk of Court is directed to terminate Plaintiff's pending motion for attorney fees 6 || (ECF No. 16). 7 g IT IS SO ORDERED. ° |! Dated: _ December 21, 2022 [Je hey 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28