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

1 Betty Herrera, Esq. (CSBN 242189) 2 UNITED DISABILITY LAWYERS GROUP 285 N. Hill Avenue, Suite 100 3 Pasadena, California 91106 4 Office: (888) 425-1666 bherrera@uniteddisabilitylawyers.com 5 Attorney for Plaintiff 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 BARCLAY GUNDERSON, ) No. 2:22-cv-1365 DB 10 ) 11 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 12 v. ) ATTORNEY FEES AND EXPENSES 13 ) PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 14 Acting Commissioner of Social ) U.S.C. § 2412(d), AND COSTS 15 Security, ) PURSUANT TO 16 ) 28 U.S.C. § 1920 Defendant. ) 17 ) 18 ) 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that BARCLAY 21 GUNDERSON be awarded attorney fees and expenses in the amount of TWO 22 THOUSAND SIX HUNDRED EIGHTY DOLLARS AND TWENTY THREE 23 CENTS ($2680.23) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 24 § 2412(d), and costs in the amount of ZERO dollars under 28 U.S.C. § 1920. 25 This amount represents compensation for all legal services rendered on behalf of 26 Plaintiff by counsel in connection with this civil action, in accordance with 28 27 U.S.C. §§ 1920; 2412(d). 28 1 After the Court issues an order for EAJA fees to BARCLAY 2 GUNDERSON, the government will consider the matter of BARCLAY 3 GUNDERSON assignment of EAJA fees to Betty Herrera. Pursuant to Astrue v. 4 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend 5 on whether the fees are subject to any offset allowed under the United States 6 Department of the Treasury’s Offset Program. After the order for EAJA fees is 7 entered, the government will determine whether they are subject to any offset. 8 Fees shall be made payable to BARCLAY GUNDERSON, but if the 9 Department of the Treasury determines that BARCLAY GUNDERSON does not 10 owe a federal debt, then the government shall cause the payment of fees, 11 expenses and costs to be made directly to Betty Herrera, United Disability 12 Lawyers Group, pursuant to the assignment executed by Plaintiff. Any payments 13 made shall be delivered to Betty Herrera. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request 15 for EAJA attorney fees, and does not constitute an admission of liability on the 16 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 17 shall constitute a complete release from, and bar to, any and all claims that 18 BARCLAY GUNDERSON and/or Betty Herrera including United Disability 19 Lawyers Group may have relating to EAJA attorney fees in connection with this 20 action. 21 This award is without prejudice to the rights of Betty Herrera and/or 22 United Disability Lawyers Group to seek Social Security Act attorney fees under 23 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 24 25 Dated: 02/03/2023 UNITED DISABILITY 26 By: /s/ Betty Herrera 27 BETTY HERRERA 28 Attorneys for Plaintiff 1 Dated: 02/03/2023 TRACY L. WILKISON 2 United States Attorney 3 4 By: /s/ Marcelo Illarmo* 5 Marcelo Illarmo 6 * By email authorization on 02/03/2023 Special Assistant United States Attorney 7 Attorneys for Defendant 8 ORDER 9 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 10 DATED: May 24, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28