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

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 9245 Laguna Springs Drive, Suite 200 3 Elk Grove, California 95758 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO BRANCH 10 JOSEPH NOTARO, Case No.: 1:22-cv-00745-SKO 11 Plaintiff, 12 STIPULATION AND UNOPPOSED vs. 13 MOTION FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE KILOLO KAJIKAZI, 14 EQUAL ACCESS TO JUSTICE ACT, 28 Acting Commissioner of Social Security, U.S.C. § 2412(d); ORDER 15 16 Defendant (Doc. 19) 17 18 19 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 under the 22 23 EAJA in the amount of $1,574.17. This amount represents compensation for all legal services 24 rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 25 accordance with 28 U.S.C. § 2412. 26 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 27 28 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 1 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 2 assignment will depend on whether the fees and expenses are subject to any offset allowed under 3 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 4 and expenses is entered, the government will determine whether they are subject to any offset. 5 6 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause the 8 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 9 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 10 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 11 12 attorney fees and expenses, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 14 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 15 EAJA attorney fees and expenses in connection with this action. 16 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 17 18 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 19 Respectfully submitted, 20 Dated: May 12, 2023 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff 22 PHILLIP A. TALBERT 23 United States Attorney 24 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 25 Date: May 12, 2023 /s/Geralyn Gulseth 26 (As authorized via email on 5/9/23) 27 ELIZABETH K. LANDGRAF Special Assistant United States Attorney 28 1 ORDER 2 Pursuant to the foregoing stipulation and unopposed motion of the parties (Doc. 19), IT 3 IS HEREBY ORDERED that attorney’s fees under the EAJA, in the amount of $1,574.17, are 4 5 awarded to Plaintiff, subject to the terms of the stipulation. 6 7 IT IS SO ORDERED. 8 9 Dated: May 12, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28