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

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 JOSEFINA VANCE, No. 1:21-CV-00428 (GSA) 6 Plaintiff, 7 v. STIPULATION AND ORDER FOR AWARD AND PAYMENT OF 8 KILOLO KIJAKAZI, ATTORNEYS FEES PURSUANT TO THE ACTING COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT (28 9 SOCIAL SECURITY, U.S.C. §2412(d)) 10 Defendant. 11 12 13 14 15 16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 17 attorneys, subject to the approval of the Court, that Josefina Vance (“Plaintiff”) be awarded 18 attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the 19 amount of seven thousand eight hundred and thirty-one dollars and forty-four cents ($7,831.44). 20 This represents compensation for legal services rendered on behalf of Plaintiff by counsel in 21 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 22 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 24 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 25 attorney fees are subject to any offset allowed under the United States Department of the 26 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 27 determine whether they are subject to any offset. 28 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 3 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 4 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 5 made shall be delivered to Plaintiff’s counsel. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 7 attorney fees and does not constitute an admission of liability on the part of Defendant under 8 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 10 and expenses in connection with this action. 11 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 12 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 13 Respectfully submitted, 14 Dated: June 24, 2022 NEWEL LAW 15 16 By: Melissa Newel 17 Melissa Newel Attorney for Plaintiff 18 JOSEFINA VANCE 19 20 Dated: June 24, 2022 PHILLIP A. TALBERT United States Attorney 21 PETE THOMPSON Acting Regional Chief Counsel, Region IX 22 Social Security Administration 23 By: Sharon Lahey* 24 SHARON LAHEY (*Authorized by email dated 06/22/2022) 25 Special Assistant U.S. Attorney Attorneys for Defendant 26 27 28 ORDER 1 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2 §2412(d), attorney fees in the amount of seven thousand eight hundred and thirty-one dollars 3 4 and forty-four cents ($7,831.44) be awarded subject to the terms of the Stipulation. 5 6 IT IS SO ORDERED. 7 Dated: June 27, 2022 /s/ Gary S. Austin 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28