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

1 || HARVEY P. SACKETT (72488) 2 □□□ □□□ T AND ASSOCIATES 3 A PROFESSIONAL LAW CORP. 4 548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 || Email: hps@sackettlaw.com 7 || Attorney for Plaintiff 8 ||/as 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 || JAMES P. COPELAND, ) Case No.: 2:23-cv-00993-JDP 13 Plaintiff, ) STIPULATION AND-+PROPOSED} 14 ORDER FOR THE AWARD AND V. ) PAYMENT OF ATTORNEY FEES 15 ) PURSUANT TO THE EQUAL , ) ACCESS TO JUSTICE ACT, 28 16 || MARTIN O’MALLEY;! ) U.S.C. § 2412(d) Commissioner of Social Security, ) 17 ) 8 Defendant. 19 20 On January 17, 2024, this Court issued an order reversing the final decision of the Defendant, Martin O’Malley, the Commissioner of Social Security (Commissioner), with a 9 remand for a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered. 23 ' Martin Malley became the Commissioner of Social Security on December 20, 2023. 24 || Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, Martin O’Malley should be 25 substituted for Kilolo Kijakazi as Defendant in this suit. No 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 26 || US.C. § 405(g). 27 28 KETT || STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 In the interest of administrative and judicial economy, the parties have agreed to stipulate 2 || that an award of FOUR THOUSAND SEVEN HUNDRED THIRTY-THREE DOLLARS AND 3 || EIGHTEEN CENTS ($4,733.18) in attorney fees under the Equal Access to Justice Act (EAJA), 4 ||28US.C. § 2412(d), is reasonable. This award is without prejudice to Plaintiff's right to seek 5 attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the 6 |] offset provisions of the EAJA. However, this award shall constitute a complete release from and 7 |! bar to any claims Plaintiff may have relating to EAJA fees and costs. Further, such award shall 8 || not be used as precedent in any future cases, nor be construed as a concession by the 9 |] Commissioner that the original administrative decision denying benefits to Plaintiff was not 10 substantially justified. 11 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 12 || the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 13 || Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether 14 || the fees are subject to any offset allowed under the United States Department of the Treasury’s || Offset Program. After the order for EAJA is entered, the Government will determine whether 16 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 17 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 18 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 19 las signment executed by Plaintiff. Any payments made shall be delivered and made payable to 20 |! Counsel. 21 Accordingly, Defendant agrees to pay Plaintiff $4,733.18 in attorney’s fees. Defendant 22 || shall also reimburse Plaintiff $402.00 in costs for the filing fee to commence this action. 23 All parties whose signature lines appear in this document have consented to its filing. 24 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 25 || to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 26 provisions of the EAJA. 27 28 ° LAW CORP. STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 2 || Dated: February 12, 2024 SACKETT AND ASSOCIATES 3 By: /s/ HARVEY P. SACKETT 4 HARVEY P. SACKETT Attorney for Plaintiff 5 JAMES P. COPELAND 6 Dated: February 12, 2024 PHILLIP TALBERT 7 United States Attorney 8 By: /s/ERIN JURRENS 9 ERIN JURRENS Special Assistant United States Attorney 10 Attorney for Defendant [*As authorized by email on 2/12/24] 12 ORDER 13 4 Pursuant to the stipulation, IT IS SO ORDERED. 15 16 |{IT IS SO ORDERED. 17 □ _ ig. || Dated: February 12, 2024 q_—___. JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 ° CORP. STIPULATION AND {PROPOSED} ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |! FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)