(SS) Lambert v. Commissioner of Social Security ( 2023 )

— omen tm (mE IIE IIR DE III OE NEES REE Na ui EEE EOE OS NEO NOD | |/PHILIP A. TALBERT United States Attorney 2 || MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 || Office of Program Litigation, Office 7 Social Security Administration 4 ||] ELLINOR CODER, CA 258258 Special Assistant United States Attorney 5 6401 Security Boulevared Baltimore, Maryland 21235 6 Telephone: (510) 970-4814 E-Mail: Ellinor. Coder@ssa.gov 7 || Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRCIT OF CALIFORNIA 1 SACRAMENTO DIVISION [2 13 ||] KAREN LYNETTE LAMBERT, ) No, 2:22-cv-00174-EFB (SS) ) 14 Plaintiff, } STIPULATION AND PROPOSED ORDER } FOR ATTORNEY'S FEES PURSUANT TO 15 VS. } THE EQUAL ACCESS TO JUSTICE ACT, } 28 U.S.C. SECTION 2812(d) 16 |} KILOLO KIJAKAZI, Acting Commissioner } of the Social Security Administration, } 17 ) ) 18 Defendant, } ) se a a cc re ee 20 Itis hereby stipulated by and between the parties through their undersigned counsel, subject to 21 || the approval of the Court, that Karen Lynette Lambert, will be awarded attorney fees in the amount of 22 || EIGHT THOUSAND THREE HUNDRED and NO CENTS DOLLARS ($8,300.00) under the Equal Access 23 || to Justice Act (EAJA), 28 U.S.C. section 2412(d). This amounts represents compensation for all legal 24 || services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 25 U.S.C, 2412(d). 26 After the Court issues an Order for EAJA fees to Karen Lynette Lambert, the Defendant will 27 || consider any assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct, 2521, 28 || 2252-2253 (2010), and the ability to honor any such assignment will depend on whether the fees are — Rome ism tm EEE IEE III DE III EES RIE Na eu EEE IER OS NE NON | |} subject to any offset allowed under the United States Department of Justice’s Offset program. After the 2 || order for EAJA fees is entered, the Defendant will determine whether they are subject to any offset. 3 Fees shall be made payable to Karen Lynette Lambert, but if the Department of the Treasury 4 || determines that Karen Lynette Lambert, does not owe a federal debt, then the government shall cause 5 || the payment of fees to be made directly to John V. Johnson, pursuant to any assignment executed by 6 || Plaintiff, Any payment made shall be delivered directly to John V. Johnson, 7 This stipulation constitutes a compromise settlement of Karen Lynette Lambert's request for 8 || EAJA attorney fees and does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the agreed amount shall constitute complete release from, and bar to, any and all 10 || claims that Karen Lynette Lambert, and/or John V. Johnson, INCLUDING COUNSEL'S FIRM, may have 1] |} relating to EAJA attorney fees in connection with this action. This award is without prejudice to the right of [2 || John V. Johnson and his counsel's firm ta seek Social Security Act attorney fees under 42 U.S.C. Section 13 |] 406(b) subject to the savings clause provisions of EAJA. 14 Respectively Submitted, 15 || DATED: May 3, 2023 Philip A. Talbert United States Attorney MATHEW W. PILE Associate General Counsel 17 Social Security Administration 18 is! Ellinor Coder ELLINOR CODER 19 Special Assistant United States Attorney Social Security Administration 20 Attorney for Defendant 21 DATED: May 3, 2023 isi John V. Johnson JOHN V. JOHNSON 22 Attorney for Plaintiff 23 24 ORDER 25 Based upon the parties stipulation for the Award and Payment of Equal Access to Justice Act 26 || Fees, Costs, and Expenses, |T |S ORDERED that fees and expenses in the amount of $8,300.00 as 27 2B Om mE III I EIR DERI INDE OIE Oe OS ei DEE OS NEG ND | || authorized by 28 U.S.C. Section 2412, and costs in the amount of $0.00 as authorized by 28 U.S.C. 2 1920, be awarded subject to the Terms of the Stipulation. 4 4 |[DATED: May 10, 2023 □□ PDEA 5 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 6 ? 8 9 10 11 12 14 is Lt \? 1k ig 20) 21 22 23 24 25 26 27 28 — mm □ Umm mE IIE EIR TE IIE NEES RIE a a EID EIR OS NE Om NOE NOTICE OF ASSIGNMENT l, Karen Lynette Lambert, do hereby assign any award of attorney's fees under the Equal Access to Justice Act (EAIA) from the U.S, Treasury to Mr. John V. Johnson, allorney at law, for his services and representation on my behalf before the U.S. District Court for the Eastern District of California and the Court of Appeals for the Ninth Circuit in regards to my claim of continuing to be disabled and entitled toa continuation of Title I] Disability Insurance and Title XVI Supplemental Security Income. | further request that the Social Security Administration send the assigned attorney's fees directly to Mr. John V. Johnson, Esq.. who has my authorization to take all necessary actions to effectuate the assignment of the EAJA attorney fees, DATED: September 4, 2020 Karen Lynette Lambert