(SS) De Becerra v. Commissioner of Social Security ( 2024 )

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 9245 Laguna Springs Drive, Suite 200 3 Elk Grove CA 95758 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 PETRA HORTA DE BECERRA, No. No. 2:22-cv-1591 DB 11 Plaintiff, 12 STIPULATION AND PROPOSED ORDER vs. 13 FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS MARTIN O’MALLEY 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d), Commissioner of Social Security, AND COSTS PURSUANT TO 28 U.S.C. § 15 1920 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 SIX THOUSAND TWO HUNDRED THIRTY-EIGHT DOLLARS 22 23 AND EIGHT CENTS ($6,238.08) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 24 § 2412(d), and FOUR-HUNDRED TWO dollars ($402.00) in costs under 28 U.S.C. § 1920. 25 This amount represents compensation for all legal services rendered on behalf of Plaintiff, to 26 date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 27 2412(d). 28 1 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 2 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 3 attorney. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010), the ability to honor the 4 assignment will depend on whether the fees and expenses are subject to any offset allowed under 5 6 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 7 and expenses is entered, the government will determine whether they are subject to any offset. 8 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause the 10 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 11 12 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 13 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 14 attorney fees and expenses, and does not constitute an admission of liability on the part of 15 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 16 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 17 18 EAJA attorney fees and expenses in connection with this action. 19 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 20 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 21 Respectfully submitted, 22 Dated: May 24, 2024 /s/ Shellie Lott 23 SHELLIE LOTT 24 Attorney for Plaintiff 25 PHILLIP A. TALBERT Acting United States Attorney 26 PETER K. THOMPSON 27 Acting Regional Chief Counsel, Region IX 28 Dated: May 24, 2024 /s/ 1 (As authorized via email May 20, 2024) SATHYA OUM 2 Special Assistant United States Attorney 3 4 5 ORDER 6 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that fees and 7 expenses, in the amount SIX THOUSAND TWO HUNDRED THIRTY-EIGHT DOLLARS 8 AND EIGHT CENTS ($6,238.08) as authorized by 28 U.S.C. § 2412, and costs in the amount 9 FOUR-HUNDRED TWO dollars ($402.00) as authorized by 28 U.S.C. § 1920, are awarded to 10 Plaintiff, subject to the terms of the stipulation. 11 IT IS SO ORDERED. 12 DATED: May 24, 2024 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28