(SS) Boda v. Commissioner of Social Security ( 2022 )

PHILLIP A. TALBERT 1 United States Attorney PETER K. THOMPSON, HIBN 5890 2 Acting Regional Chief Counsel, Region IX 3 Social Security Administration MARGARET BRANICK-ABILLA 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, CA 94105-1545 6 Telephone: (510) 970-4809 Facsimile: (415) 744-0134 7 E-mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 MICHAEL T. BODA, ) Case No. 2:20-cv-00982-CKD 13 ) Plaintiff, ) STIPULATION AND ORDER FOR THE 14 vs. ) AWARD AND PAYMENT OF 15 ) ATTORNEY FEES PURSUANT TO THE KILOLO KIJAKAZI, Acting ) EQUAL ACCESS TO JUSTICE ACT, 28 16 Commissioner of Social Security, ) U.S.C. § 2412(d) ) 17 Defendant. ) 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 in the amount 22 of EIGHT THOUSAND, FOUR HUNDRED DOLLARS AND ZERO CENTS ($8,400.00) under 23 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 25 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 the 27 matter of Plaintiff’s assignment of EAJA fees to counsel Shellie Lott (Counsel). Pursuant to 28 Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on 1 whether the fees are subject to any offset allowed under the United States Department of the 2 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or Counsel, including Lott Law Offices, may have 12 relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 16 Respectfully submitted, 17 Dated: June 21, 2022 LOTT LAW OFFICES 18 By: /s/ Shellie Lott* 19 SHELLIE LOTT Attorneys for Plaintiff 20 [*As authorized by e-mail on Jun. 21, 2022] 21 22 Dated: June 23, 2022 PHILLIP A. TALBERT United States Attorney 23 PETER K. THOMPSON 24 Acting Regional Chief Counsel, Region IX Social Security Administration 25 26 27 28 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 2 Special Assistant United States Attorney Attorneys for Defendant 3 4 ORDER 5 ¢ || Pursuant to stipulation, IT IS SO ORDERED. 7 || Dated: June 23, 2022 Card. Kt | i Ly / a 4 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28