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

PHILLIP A. TALBERT 1 Acting United States Attorney 2 PETER K. THOMPSON, HISBN 5890 Acting Regional Chief Counsel, Region IX 3 Chief, Civil Division DAVID PRIDDY, ILSBN 6313767 4 Special Assistant United States Attorney 5 Social Security Administration 160 Spear St., Suite 800 6 San Francisco, CA 94105 Telephone: (510) 970-4801 7 Facsimile: (415) 744-0134 8 Email: David.Priddy@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 SACRAMENTO DIVISION 14 CHARLES BURKHOLDER, ) 15 ) Case No.: 2:21-cv-00424-WBS-DMC 16 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 17 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 18 KILOLO KIJAKAZI, Acting ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 19 Commissioner of Social Security, ) 2412(d), AND COSTS PURSUANT TO ) 28 U.S.C. § 1920 20 Defendant. ) ) 21 This stipulation is intended to replace the MOTION for Attorney Fees Plaintiff filed on 22 June 13, 2022. 23 24 IT IS HEREBY STIPULATED by and between the parties through their undersigned 25 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 26 expenses in the amount $8,000.00 (EIGHT THOUSAND dollars) under the Equal Access to 27 Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of $627.00 (SIX HUNDRED 28 1 TWENTY-SEVEN dollars) under 28 U.S.C. § 1920. This amount represents compensation for 2 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, 3 in accordance with 28 U.S.C. §§ 1920; 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 5 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. 6 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any 7 assignment will depend on whether the fees are subject to any offset allowed under the United 8 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 9 the government will determine whether they are subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 11 determines that Plaintiff does not owe a federal debt, then the government shall cause the 12 payment of fees, expenses and costs to be made directly to counsel, pursuant to the assignment 13 executed by Plaintiff. Any payments made shall be delivered to counsel. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 15 attorney fees, and does not constitute an admission of liability on the part of Defendant under 16 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 17 from, and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may 18 have relating to EAJA attorney fees in connection with this action. 19 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 20 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 21 provisions of the EAJA. 22 Respectfully submitted, 23 24 Dated: June 23, 2022 CHERMOL AND FISHMAN LLC 25 By: /s/ Ashish A. Agrawal* ASHISH A. AGRAWAL 26 * By email authorization on June 22, 2022 27 Attorneys for Plaintiff 28 1 Dated: June 23, 2022 PHILIP A. TALBERT United States Attorney 2 PETER K. THOMPSON Regional Chief Counsel, Region IX 3 Social Security Administration 4 By: /s/David Priddy 5 DAVID PRIDDY 6 Special Assistant United States Attorney 4 8 ORDER 9 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and 10 Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and Costs Pursuant 11 |[ to 28 U.S.C. § 1920, IT IS ORDERED that fees and expenses in the amount of $8,000.00 as 2 authorized by 28 U.S.C. § 2412(d), and costs in the amount of $627.00 as authorized by 28 13 || US.C. § 1920, be awarded subject to the terms of the Stipulation. Further, the Clerk of Court is 14 || directed to designate the motion for attorney fees (ECF No. 20) as withdrawn. 15 17 DENNIS M. COTA 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28