(SS) Robinson v. Commissioner of Social Security ( 2024 )

1 PHILLIP A. TALBERT 2 United States Attorney MATHEW W. PILE, WSBN 32245 3 Associate General Counsel 4 Office of Program Litigation, Office 7 Social Security Administration 5 NOAH SCHABACKER, MD BAR 6 Special Assistant United States Attorney 6401 Security Boulevard 7 Baltimore, Maryland 21235 8 Telephone: (303) 844-6232 9 E-Mail: Noah.Schabacker@ssa.gov Attorneys for Defendant 10 11 12 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 13 FRESNO DIVISION 14 LAVELL TERAN ROBINSON, Case No. 1:22-cv-01186-SKO (SS) 15 16 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY 17 v. FEES AND EXPENSES PURSUANT 18 TO THE EQUAL ACCESS TO Martin O’Malley1, Commissioner of JUSTICE ACT; ORDER RE 19 Social Security, STIPULATION AND DENYING 20 MOTION FOR ATTORNEY’S FEES Defendant. AS MOOT 21 22 (Docs. 29 & 32) 23 24 25 1 Martin O’Malley became the Commissioner of Social Security on December 26 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No 27 further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 IT IS HEREBY STIPULATED by and between the parties through their 2 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 3 attorney fees and expenses in the amount of SEVEN THOUSAND DOLLARS and 4 00/100 ($7,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 5 and costs in the amount of zero dollars ($0.00) under 28 U.S.C. §1920. This amount 6 represents compensation for all legal services rendered on behalf of Plaintiff by counsel 7 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will 9 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 10 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 11 to honor the assignment will depend on whether the fees are subject to any offset 12 allowed under the United States Department of the Treasury’s Offset Program. After 13 the order for EAJA fees is entered, the government will determine whether they are 14 subject to any offset. 15 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 16 determines that Plaintiff does not owe a federal debt, then the government shall cause 17 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 18 the assignment executed by Plaintiff. Any payments made shall be delivered and 19 made payable to Plaintiff’s counsel, Jonathan O. Peña. Additionally, any payment of 20 costs under 28 U.S.C. §1920 may be made either by electronic fund transfer (ETF) or 21 by check. 22 This stipulation constitutes a compromise settlement of Plaintiff’s request for 23 EAJA attorney fees, and does not constitute an admission of liability on the part of 24 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 25 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 26 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 27 connection with this action. 1 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 2 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 3 savings clause provisions of the EAJA. 4 Respectfully submitted, 5 6 Dated: February 8, 2024 /s/ Jonathan O. Peña* 7 J ONATHAN O. PEÑA Attorney for Plaintiff 8 *Authorized by email on February 8, 9 2024 10 Dated: February 8, 2024 PHILLIP A. TALBERT 11 United States Attorney 12 MATHEW W. PILE Associate General Counsel 13 Office of Program Litigation 14 Social Security Administration 15 By: Noah Schabacker 16 NOAH SCHABACKER Special Assistant U.S. Attorney 17 Attorneys for Defendant 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 4 to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 32), 5 IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND 6 DOLLARS and 00/100 ($7,000.00) as authorized by the Equal Access to Justice Act 7 8 (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 9 IT IS FURTHER ORDERED that Plaintiff’s motion for attorney’s fees (Doc. 29) 10 11 is DENIED as MOOT. 12 13 IT IS SO ORDERED. 14 Dated: February 8, 2024 /s/ Sheila K. Oberto . 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27