(SS) Navarrette v. Commissioner of Social Security ( 2022 )

1 Melissa Newel (CABN#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 TRACY ANN NAVARRETTE 6 PHILLIP A. TALBERT 7 United States Attorney PETER K. THOMPSON 8 Acting Regional Chief Counsel, Region IX ELIZABETH LANDGRAF 9 Social Security Administration Assistant United States Attorney 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (510) 970-4828 12 elizabeth.landgraf@ssa.gov Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 TRACY ANN NAVARRETTE, No. 1:21-CV-01468 (BAM) 18 Plaintiff, 19 v. STIPULATION AND [PROPOSED] ORDER FOR AWARD AND PAYMENT 20 KILOLO KIJAKAZI, OF ATTORNEYS FEES AND EXPENSES ACTING COMMISSIONER OF PURSUANT TO THE EQUAL ACCESS TO 21 SOCIAL SECURITY, JUSTICE ACT (28 U.S.C. §2412(d)) AND 28 U.S.C. §1920 22 Defendant. 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Tracy Ann Navarrette (“Plaintiff”) be awarded 3 attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the 4 amount of four thousand nine hundred and seventy-three dollars and eight cents ($4,973.08) and 5 costs, in the amount of four hundred and two dollars ($402.00), pursuant to 28 U.S.C. §1290. 6 This represents compensation for legal services rendered on behalf of Plaintiff by counsel in 7 connection with this civil action and associated costs, in accordance with 28 U.S.C. §2412 (d) and 8 28 U.S.C. §1290. 9 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 10 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 11 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 12 attorney fees are subject to any offset allowed under the United States Department of the 13 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 14 determine whether they are subject to any offset. 15 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 16 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 17 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 18 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 19 made shall be delivered to Plaintiff’s counsel. 20 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 21 attorney fees and does not constitute an admission of liability on the part of Defendant under 22 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 23 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 24 and expenses in connection with this action. 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 3 Respectfully submitted, 4 Dated: July 25, 2022 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 TRACY ANN NAVARRETTE 9 10 Dated: July 25, 2022 PHILLIP A. TALBERT United States Attorney 11 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 12 Social Security Administration 13 By: Elizabeth Landgraf* 14 ELIZABETH LANDGRAF (*Authorized by email dated 07/25/2022) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 ORDER 18 Based upon the parties’ stipulation for the award and payment of attorneys’ fees and 19 expenses (“Stipulation”), IT IS HEREBY ORDERED that, pursuant to the Equal Access to 20 21 Justice Act, 28 U.S.C. §2412(d), attorney fees in the amount of four thousand nine hundred 22 seventy-three dollars and eight cents ($4,973.08) and costs in the amount of four hundred two 23 dollars ($402.00) be awarded subject to the terms of the Stipulation. 24 25 IT IS SO ORDERED. 26 Dated: July 26, 2022 /s/ Barbara A. McAuliffe _ 27 UNITED STATES MAGISTRATE JUDGE 28