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

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 5250 Claremont Avenue, Suite 241 3 Stockton, California 95207 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 MISTY YORK, Case No.: 1:22-cv-00458-SKO 10 Plaintiff, 11 STIPULATION AND ORDER FOR THE vs. AWARD OF ATTORNEY FEES 12 PURSUANT TO THE EQUAL ACCESS KILOLO KAJIKAZI, 13 Acting Commissioner of Social Security, TO JUSTICE ACT, 28 U.S.C. § 2412(d) 14 15 Defendant (Doc. 19) 16 17 18 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 22 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 23 EAJA in the amount of TWO THOUSAND AND SIXTY-SEVEN DOLLARS AND FIFTY- 24 SEVEN CENTS ($2,067.57). This amount represents compensation for all legal services 25 rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 26 27 accordance with 28 U.S.C. § 2412. 28 1 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 2 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 3 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 4 assignment will depend on whether the fees and expenses are subject to any offset allowed under 5 6 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 7 and expenses is entered, the government will determine whether they are subject to any offset. 8 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause the 10 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 11 12 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 13 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 14 attorney fees and expenses, and does not constitute an admission of liability on the part of 15 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 16 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 17 18 EAJA attorney fees and expenses in connection with this action. 19 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 20 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 21 22 Respectfully submitted, 23 24 Dated: January 23, 2023 /s/ Shellie Lott SHELLIE LOTT 25 Attorney for Plaintiff 26 PHILLIP A. TALBERT 27 United States Attorney PETER K. THOMPSON 28 Acting Regional Chief Counsel, Region IX 1 Date: January 23, 2023 /s/ Katherine Watson 2 (As authorized via email on 01/19/22) 3 KATHERINE WATSON Special Assistant United States Attorney 4 5 ORDER 6 Pursuant to the foregoing stipulation of the parties (Doc. 19), 7 8 IT IS HEREBY ORDERED that an award of attorney's fees of $2,067.57 under the Equal 9 Access to Justice Act (EAJA), 28 U.S.C. § 2412, shall be paid by Defendant in full satisfaction 10 and settlement of any and all claims Plaintiff may have for attorney's fees in this matter pursuant 11 to the Equal Access to Justice Act, pursuant to the terms of the stipulation. 12 13 IT IS SO ORDERED. 14 Dated: January 23, 2023 /s/ Sheila K. Oberto . 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28