Erram v. Commissioner of Social Security ( 2022 )

PHILLIP TALBERT 1 United States Attorney 2 PETER K. THOMPSON (HI 5890) Acting Regional Chief Counsel, Region IX 3 Social Security Administration MARY TSAI, CSBN 216963 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: 510-970-4864 Facsimile: (510) 970-4813 7 E-Mail: mary.tsai@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 ) Case No.: 2:21-cv-02368-EFB 13 SATYAJIT VILAS ERRAM, ) ) STIPULATION FOR THE AWARD AND 14 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 15 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § KILOLO KIJAKAZI, ) 2412(d), AND COSTS PURSUANT TO 28 16 Acting Commissioner of Social Security, ) U.S.C. § 1920 ) 17 ) Defendant. ) 18 ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 22 expenses in the amount of one thousand dollars and zero cents ($1,000.00) under the Equal 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of six hundred and 24 twenty-seven dollars and zero cents ($627.00) under 28 U.S.C. § 1920. This amount represents 25 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 26 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to Chermol & Fishman, LLC. Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor 2 the assignment will depend on whether the fees are subject to any offset allowed under the 3 United States Department of the Treasury’s Offset Program. After the order for EAJA fees is 4 entered, the government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to Chermol & Fishman, LLC, pursuant to the assignment 8 executed by Plaintiff. Any payments made shall be delivered to Daniel H. Fishman. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff, Daniel H. Fishman, Chermol & Fishman, LLC, Melissa 13 Markos Nyman, and/or Nyman Turkish P.C., may have relating to EAJA attorney fees in 14 connection with this action. 15 The parties further stipulate that Plaintiff’s motion for EAJA fees and costs, filed on July 16 13, 2022, be denied as moot (Dkt. 11). 17 Respectfully submitted, 18 Dated: July 15, 2022 /s/ Daniel H. Fishman* 19 (*as authorized via e-mail on July 14, 2022) DANIEL H. FISHMAN 20 Attorney for Plaintiff 21 Dated: July 15, 2022 /s/ Melissa Markos Nyman* 22 (*as authorized via e-mail on July 15, 2022) MELISSA MARKOS NYMAN 23 Attorney for Plaintiff 24 25 Dated: July 15, 2022 PHILLIP TALBERT United States Attorney 26 PETER K. THOMPSON (HI 5890) 27 Acting Regional Chief Counsel, Region IX Social Security Administration 28 1 By: = /s/_ Mary Tsai MARY TSAI 2 Special Assistant U.S. Attorney 3 Attorneys for Defendant 4 5 ORDER 6 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 7 || Justice Act Fees and Expenses, IT IS ORDERED that fees in the amount of $1,000.00 as g || authorized by 28 U.S.C. § 2412, and costs in the amount of $627.00 as authorized by 28 U.S.C. § g || 1920, be awarded subject to the terms of the Stipulation. Plaintiffs motion for EAJA fees, filed 10 July 13, 2022, is hereby denied as moot. 1] DATED: July 18, 2022 I le 13 EDMUND F. BRENNAN 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip., proposed order; 2:21-cv-02368-EFB