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

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 SHANNON FISHEL, GSBN 376604 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (404) 562-1076 7 E-Mail: Shannon.Fishel@ssa.gov 8 Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 DAVID ALAN KING, ) CIVIL NO. 2:23-cv-00116-KJN 13 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 14 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE 15 KILOLO KIJAKAZI, ) EQUAL ACCESS TO JUSTICE ACT, Acting Commissioner of Social Security, ) 28 U.S.C. § 2412(d); ORDER 16 Defendant. ) ) 17 ) ) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 21 expenses in the amount $9,222.41 (NINE THOUSAND TWO HUNDRED AND TWENTY- 22 TWO dollars and FORTY-ONE cents) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 23 § 2412(d). This amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 27 560 U.S. 586, 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 28 will depend on whether the fees are subject to any offset allowed under the United States 1 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 2 government will determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 5 expenses and costs to be made directly to counsel, Robert Weems, pursuant to the assignment 6 executed by Plaintiff. Any payments made shall be delivered to counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 11 to EAJA attorney fees or costs in connection with this action. 12 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 13 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 14 provisions of the EAJA. 15 Dated: September 25, 2023 /s/ *Robert Weems 16 ROBERT WEEMS 17 Attorney for Plaintiff *Authorized via e-mail on September 25, 2023 18 PHILLIP A. TALBERT 19 United States Attorney 20 MATHEW W. PILE Associate General Counsel 21 Social Security Administration 22 By: /s/ Shannon Fishel SHANNON FISHEL 23 Special Assistant United States Attorney 24 Attorneys for Defendant 25 26 27 28 1 ORDER 5 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 4 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 4 of $9,222.41, as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the 5 Stipulation. 6 Dated: September 25, 2023 7 Fe_sil L Newsren 8 UNITED STATES MAGISTRATE JUDGE 10 king. 116 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28