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

PHILLIP A. TALBERT 1 United States Attorney 2 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 3 Social Security Administration CASPAR CHAN 4 Special Assistant United States Attorney 5 Social Security Administration 160 Spear Street, Suite 800 6 San Francisco, CA 94105 Telephone: 510-970-4810 7 Facsimile: 415-744-0134 8 Email: Caspar.Chan@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ) Case No.: 2:20-cv-01182-JDP JAMES BURNS, ) 13 ) STIPULATION AND [PROPOSED] Plaintiff, ) ORDER FOR THE AWARD AND 14 ) PAYMENT OF ATTORNEY FEES AND vs. ) EXPENSES PURSUANT TO THE EQUAL 15 ) ACCESS TO JUSTICE ACT, 28 U.S.C. § ) 2412(d), AND COSTS PURSUANT TO 16 KILOLO KIJAKAZI, ) 28 U.S.C. § 1920 Acting Commissioner of Social Security, ) 17 ) ) 18 Defendant. 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 3 in the amount of EIGHT THOUSAND TWO HUNDRED dollars and NO cents ($8,200.00) 4 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND no costs under 28 5 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 6 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 7 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 10 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 11 depend on whether the fees are subject to any offset allowed under the United States Department 12 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 13 determine whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 16 expenses and costs to be made directly to Plaintiff’s counsel, pursuant to the assignment executed 17 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees, and does not constitute an admission of liability on the part of Defendant under 20 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 21 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 22 relating to EAJA attorney fees in connection with this action. 23 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 24 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 25 26 27 28 I Date: June 30, 2022 CERNEY KREUZE & LOTT, LLP 2 By: /s/ Caspar Chan for Shellie Lott* SHELLIE LOTT 3 *Authorized by email on June 30, 2022 4 Attorneys for Plaintiff 5 Date: June 30, 2022 PHILLIP A. TALBERT 6 United States Attorney 4 By: /s/Caspar Chan 8 CASPAR CHAN Special Assistant United States Attorney 9 Attorneys for Defendant 10 11 ORDER 12 13 14 IT IS SO ORDERED. 16 Dated: _ June 30, 2022 q——— JEREMY D. PETERSON 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 Stipulation for EAJA Fees: 2:20-cv-01182-JDP 3