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

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 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 ) No. 2:22-cv-1044 DB LYNMARIE RAMISCAL, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. 16 KILOLO KIJAKAZI, ) § 2412(d), AND COSTS PURSUANT TO 28 Acting Commissioner of Social Security, ) U.S.C. § 1920; AND ORDER 17 ) ) 18 Defendant. ) ) 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 and 22 expenses in the amount $7,500.00 (SEVEN THOUSAND FIVE HUNDRED dollars) under the 23 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and NO costs under 28 U.S.C. § 1920. 24 This amount represents compensation for all legal services rendered on behalf of Plaintiff by 25 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to Counsel. Pursuant to Astrue v. Ratliff, 560 28 1 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment will 2 depend on whether the fees are subject to any offset allowed under the United States Department 3 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 4 determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to Counsel, pursuant to the assignment executed by 8 Plaintiff. Any payments made shall be delivered to counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 13 to EAJA attorney fees or costs in connection with this action. 14 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 15 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 16 provisions of the EAJA. Respectfully submitted, 17 18 Date: January 4, 2023 /s/ Francesco Benavides* FRANCESCO BENAVIDES 19 (as authorized by email on Jan. 4, 2023) Counsel for Plaintiff 20 21 Date: January 4, 2023 PHILLIP A. TALBERT 22 United States Attorney MATHEW W. PILE 23 Associate General Counsel 24 Social Security Administration 25 By: /s/ Ellinor Coder 26 SAUSA NAME Special Assistant United States Attorney 27 Attorneys for Defendant Social Security Administration 28 1 2 ORDER 3 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 5 of $7,500.00 as authorized by 28 U.S.C. § 2412, and no costs as authorized by 28 U.S.C. § 1920, 6 be awarded subject to the terms of the Stipulation. 7 DATED: January 5, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28