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

David J. Linden 1 Attorney at Law CSBN 41221 2 Post Office Box 5780 Napa, CA 94581-0780 3 Tel. (707) 252-7007 Fax. (707) 252-7883 4 Email – david@lindencottrell.com Attorney for Plaintiff, Enrique Manuel Vicente Sanchez 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO DIVISION 10 ) Case No.: 2:23-cv-00367-TLN-DMC 11 ENRIQUE MANUEL VICENTE SANCHEZ, ) ) 12 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD OF ATTORNEY’S FEES AND 13 vs. ) COSTS PURSUANT TO THE EQUAL KILOLO KIJAKAZI, Acting Commissioner of ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 14 Social Security, ) 2412(D) ) 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 one thousand two hundred ninety-two and 22/100 dollars ($1,292.22) under the Equal 20 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 21 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 22 accordance with 28 U.S.C. §§ 2412(d); 1920. 23 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: May 10, 2023 /s/ David J. Linden 17 DAVID J. LINDEN Attorney for Plaintiff 18 19 Dated: May 10, 2023 PHILLIP A. TALBERT 20 United States Attorney 21 By /s/ Heidi Triesch HEIDI TRIESCH 22 (as authorized by email on 05/10/2023) 23 Special Assistant US Attorney Attorneys for Defendant 24 // 25 // ORDER 2 3 PURSUANT TO STIPULATION, IT IS SO ORDERED: /) 5 || Dated: May 11, 2023 \ | of Lou Troy L. Nunley 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SANCHEZ v. C.0.5.S., Case 2:23-cv-00367-TLN-DMC, STIPULATION AND ORDER RE E.AJ.A. FEES Page 3}