(SS) De Anda v. Commissioner of Social Security ( 2022 )

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 FRESNO DIVISION 10 LORENE DE ANDA, Case No.: 1:21-cv-01095-SKO 11 Plaintiff, 12 STIPULATION AND ORDER FOR THE vs. 13 AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS KILOLO KAJIKAZI, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social Security, 15 (Doc. 23) 16 Defendant 17 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 21 EAJA in the amount of TWO-THOUSAND SIXTY-SIX dollars and SIXTY-THREE cents 22 ($2,066.63). This amount represents compensation for all legal services rendered on behalf of 23 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. 24 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 27 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 28 assignment will depend on whether the fees and expenses are subject to any offset allowed under 1 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 2 and expenses is entered, the government will determine whether they are subject to any offset. 3 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the 5 6 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 9 attorney fees and expenses, and does not constitute an admission of liability on the part of 10 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 11 12 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel (including Shellie Lott, 13 Lott Law Offices, and Betsy Shepherd) may have relating to EAJA attorney fees and expenses in 14 connection with this action. 15 This award is without prejudice to the rights of Plaintiff and/or Plaintiff's counsel 16 (including Ms. Lott, Lott Law Offices, and Betsy Shepherd) to seek Social Security Act attorney 17 18 fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 19 Respectfully submitted, 20 Dated: July 22, 2022 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff 22 PHILLIP A. TALBERT 23 Acting United States Attorney 24 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 25 Date: July 22, 2022 /s/ Allison J. Cheung 26 (As authorized via email on 7/21/22) 27 ALLISON J. CHEUNG Special Assistant United States Attorney 28 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 FRESNO DIVISION 10 LORENE DE ANDA, Case No.: 1:21-cv-01095-SKO 11 Plaintiff, 12 ORDER FOR THE AWARD OF vs. 13 ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 KILOLO KAJIKAZI, 14 U.S.C. § 2412(d) Acting Commissioner of Social Security, 15 16 Defendant 17 18 Pursuant to the foregoing stipulation of the parties (Doc. 23), IT IS HEREBY ORDERED 19 that attorney fees under EAJA, in the amount of TWO-THOUSAND SIXTY-SIX dollars and 20 SIXTY-THREE cents ($2,066.63), are awarded to Plaintiff, subject to the terms of the 21 stipulation. 22 23 IT IS SO ORDERED. 24 Dated: July 22, 2022 /s/ Sheila K. Oberto . 25 UNITED STATES MAGISTRATE JUDGE 26 27 28