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

MELISSA MARKOS NYMAN, ESQ. Nyman Turkish, PC 2|| 3009 Douglas Blvd. Suite 200 31 Roseville, CA 95661 855-463-2149 4 Fax: 916-218-4341 @ kish mail: melissa. nyman@nymanturkish.com 5|| Attorney for Piaintif? 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO) 7 DEBRA ANN OWSTON, 8 Plaintiff, Case No. 2:23-cv-00609-TLN-AC 9 V. JOINT STIPULATION 10 FOR EAJA FEES AND KILOLO KIJAKAZI, COSTS; ORDER |) Acting Commissioner of Social Security, 12 Defendant. 13 14 JOINT STIPULATION FOR EAJA FEES AND COSTS 15 Defendant, the Commissioner of Social Security (Commissioner), by their undersigned counsel, and Plaintiff, by their counsel David Chermol, hereby 17] stipulate to an award of $1,432.40 in EAJA fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2414 et seq., in the above-captioned matter. 19 This Court has entered an order and judgment remanding this case to the Commissioner for further administrative proceedings. In the interests of saving the Court’s time and consistent with the local rules, the parties have conferred and agreed to resolve the matter of the EAJA fees in this case without further litigation. The parties agree that Plaintiff will receive a total award of $1,432.40 in EAJA fees. 24 Payment of these amounts shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action. The parties further agree that the EAJA award is without prejudice to Plaintiff's attorney’s right to seek attorney fees pursuant to Social Security Act § 28 -|- 1 || 206(b), 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 2} U.S.C. § 2412(c)(1) (2006). 3 Under Astrue v. Ratliff, 130 S.Ct 2521, 2528-29 (2010), EAJA fees awarded 4|| by this Court belong to the Plaintiff and are subject to offset under the Treasury 5] Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). This Court should therefore 6|| order the EAJA fees to be paid to Plaintiff. The Commissioner recognizes that 7|| Plaintiff assigned their right to EAJA fees to their attorney. If, after receiving the 8 | Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program; and (2) 10 || agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees 11 || will be made payable to Plaintiff's attorney. However, if there is a debt owed under 12|| the Treasury Offset Program, the Commissioner cannot agree to waive the 13 || requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to Plaintiffs attorney. 15 Respectfully submitted this September 18, 2023. 16 17| For Plaintiff: For Defendant: □□ Melissa Markos Nyman, Esq. /si L. Jamala Edwards Melissa Markos Nyman, Esq. L. Jamala Edwards 3009 Douglas Blvd. Social Security Administration Suite 200 Office of the General Counsel || Roseville, CA 95661 6401 Security Blvd. 855-463-2149 Baltimore, MD 21235 || melissa.nyman@nymanturkish.com 410-965-6107 Email: jamala.edwards@ssa.gov 22 (Electronically signed with counsel’s permission) 23 ||, 24 25 26 27 -2- 28 MELISSA MARKOS NYMAN, ESQ. Nyman Turkish, PC 2|| 3009 Douglas Blvd. Suite 200 3] Roseville, CA 95661 855-463-2149 Fax: 916-218-4341 Email: melissa.nyman@nymanturkish.com Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO) 7 DEBRA ANN OWSTON, 8 Plaintiff, Case No. 2:23-cv-00609-TLN-AC 9 Vv. 10 ORDER KILOLO KIJAKAZI, 11 || Acting Commissioner of Social Security, 12 Defendant. 13 ORDER 14 AND NOW, this 26th day of September, 2023, having considered Plaintiff's 15 Motion for Attorney’s Fees and any response thereto, it is hereby ORDERED that 16 Plaintiff is awarded attorney fees under the Equal Access to Justice Act in the 17 amount of $1,432.40. Subject to any offset under the Treasury Offset Program, 18 payment of this award shall be made via Nyman Turkish, PC. If EAJA fees and 19 costs are not subject to any offset and an assignment is provided to SSA, the award 20 shall be paid directly to the order of Melissa Markos Nyman, Esquire. All checks 21 must be mailed care of Nyman Turkish, PC. 22 {i J) /) AO hele 24 2 ON i, Troy L. Nunley» 25 United States District Judge 26 27 28