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

1 Meghan O. Lambert, Esq. Osterhout Berger Disability Law, LLC 2 521 Cedar Way, Suite 200 Oakmont, PA 15139 3 Phone: 412-794-8003 4 mlambert@obl.law CA Bar ID: 258040 5 6 Attorney for Plaintiff, Darick Petrik 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DARICK PETRIK, Case No. 1:23-cv-01494-GSA 11 Plaintiff, STIPULATION AND ORDER FOR THE 12 AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT 13 (EAJA) 14 MARTIN J. O’MALLEY, 28 U.S.C. § 2412(d) Commissioner of Social Security, 15 16 Defendant. 17 TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE 18 UNITED STATES DISTRICT COURT: 19 The Parties through their undersigned counsel, subject to the Court’s approval, 20 stipulate that Plaintiff be awarded attorney fees in the amount of ONE THOUSAND, 21 ONE HUNDRED SEVENTY-FIVE DOLLARS and 44/100 ($1,175.44) under the Equal 22 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 23 compensation for all legal services rendered on behalf of Plaintiff by counsel in 24 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). Plaintiff attests 25 his net worth has not exceeded, $2,000,000.00, at the time of the filing of this civil action 26 nor at the present. 27 1 After the Court issues an order for EAJA fees to Plaintiff, the government will 2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue 3 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor 4 the assignment will depend on whether the fees are subject to any offset allowed under 5 the United States Department of the Treasury’s Offset Program. After the order for EAJA 6 fees is entered, the government will determine whether they are subject to any offset. 7 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 8 determines that Plaintiff does not owe a federal debt, then the government shall cause the 9 payment of fees, expenses and costs to be made directly to counsel, pursuant to the 10 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 11 counsel, Meghan O. Lambert, at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 12 15139. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for 14 EAJA fees, and does not constitute an admission of liability on the part of Defendant 15 16 under the EAJA. Payment of ONE THOUSAND, ONE HUNDRED SEVENTY-FIVE 17 DOLLARS and 44/100 ($1,175.44) in EAJA attorney fees. These payments shall 18 constitute a complete release from, and bar to, any and all claims that Plaintiff and 19 Plaintiff’s attorney, Meghan O. Lambert, may have relating to EAJA attorney fees in 20 connection with this action. 21 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 22 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 23 provisions of the EAJA. 24 25 26 27 1 2 3 Respectfully submitted, 4 5 Dated: 02/12/24 /s/ Meghan O. Lambert 6 M EGHAN O. LAMBERT Attorney for Plaintiff 7 8 Dated: 02/12/24 PHILLIP A. TALBERT 9 United States Attorney MATHEW W. PILE 10 Associate General Counsel 11 Office of Program Litigation, Office 7 12 By: /s/ Justin L. Martin* 13 JUSTIN L. MARTIN Special Assistant U.S. Attorney 14 Attorneys for Defendant 15 (*Permission to use electronic signature obtained via email on 02/12/24). 16 17 ORDER 18 Pursuant to stipulation, 19 20 IT IS SO ORDERED. 21 22 Dated: February 13, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27