(SS) Menendez-Murray v. Commissioner of Social Security ( 2023 )

1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM 3 P.O. Box 590881 San Francisco, CA 94159 4 Phone: 866-342-6180 5 Fax: 415-500-4081 jmetsker@metskerlaw.com 6 Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIE A. MENENDEZ- No. 2:23-cv-00886-KJN 12 MURRAY, 13 Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES 14 v. PURSUANT TO THE EQUAL 15 KILOLO KIJAKAZI, Acting ACCESS TO JUSTICE ACT, 28 Commissioner of Social Security, U.S.C. § 2412(d), AND COSTS 16 PURSUANT TO Defendant. 28 U. S. C. § 1920 17 18 19 IT IS HEREBY STIPULATED by and between the parties through their 20 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 23 in the amount of SIX THOUSAND FOUR HUNDRED EIGHTY-TWO 24 25 DOLLARS AND TWENTY-THREE CENTS ($6,482.23) and costs under 28 26 U.S.C. § 1920 in the amount of FOUR HUNDRED TWO DOLLARS ($402.00). 27 These amounts represent compensation for all legal services rendered and costs 28 1 incurred on behalf of Plaintiff, to date, by counsel in connection with this civil 2 action, in accordance with 28 U.S.C. §§ 2412(d) and 1920. 3 After the Court issues an order for EAJA fees and expenses to Plaintiff, the 4 5 government will consider the matter of Plaintiff’s assignment of EAJA fees and 6 expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), 7 8 the ability to honor the assignment will depend on whether the fees are subject to 9 any offset allowed under the United States Department of the Treasury’s Offset 10 Program. After the order for EAJA fees and expenses is entered, the government 11 12 will determine whether they are subject to any offset. 13 Fees and expenses shall be made payable to Plaintiff, but if the Department 14 of the Treasury determines that Plaintiff does not owe a federal debt, then the 15 16 government shall cause the payment of fees to be made directly to Plaintiff’s 17 counsel, John D. Metsker, pursuant to the assignment executed by Plaintiff. Any 18 payments made shall be delivered to Plaintiff’s counsel. 19 20 This stipulation constitutes a compromise settlement of Plaintiff's request for 21 EAJA attorney fees and expenses, and does not constitute an admission of liability 22 on the part of Defendant under the EAJA. Payment of the agreed amount shall 23 24 constitute a complete release from, and bar to, any and all claims that Plaintiff 25 and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in 26 connection with this action. 27 28 ///// This award is without prejudice to the rights of Plaintiff's counsel to seek 2 Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset 3 4 | provisions of the EAJA. 5 6 . Respectfully submitted, 7 8 | Dated: October 30, 2023 /s/ John David Metsker 9 JOHN DAVID METSKER Attorney for Plaintiff 10 11 12 | Dated: October 31, 2023 /s/ Marcelo Illarmo 13 MARCELO ILLARMO *As authorized via email on 14 October 31, 2023 15 Special Assistant United States Attorney 16 Attorney for Defendant 17 ORDER 18 19 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 20 | Dated: November 2, 2023 21 Ke AO 22 KENDALL J. a EK UNITED STATES MAGISTRATE JUDGE 23 mene.886 24 25 26 27 28