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

BARBARA MARIE RIZZO (CSBN 172999) 1 Attorney at Law P. O. Box 383103 2 Waikoloa, HI 96738 Telephone: 808-785-6088 3 Fax: 808-440-0699 E-Mail: mail@fedlaborlaw.com 4 Attorney for Plaintiff Whitney A. Jones 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ____________________________________ 9 ) WHITNEY A. JONES, ) Case No.: 2:23-CV-00339-TLN-EFB 10 ) Plaintiff, ) 11 ) STIPULATION AND ORDER APPROVING v. ) SETTLEMENT OF ATTORNEY FEES AND 12 ) EXPENSES PURSUANT TO THE EQUAL COMMISSIONER OF SOCIAL SECURITY, ) ACCESS TO JUSTICE ACT, 13 ) 28 U.S.C. §2412(d) Defendant. ) 14 ____________________________________) 15 IT IS HEREBY STIPULATED by and between the parties, through their 16 undersigned counsel, subject to the Court's approval, that Plaintiff be awarded 17 EIGHTEEN THOUSAND DOLLARS ($18,000.00) in attorney fees and ONE HUNDRED FIVE 18 DOLLARS AND EIGHTEEN CENTS ($105.18) in expenses under the Equal Access to 19 Justice Act ("EAJA"). These amounts represent compensation for legal services 20 rendered on behalf of Plaintiff by counsel in connection with this civil action 21 in accordance with 28 U.S.C. §2412(d). 22 After the Court issues an order awarding EAJA fees and expenses to 23 Plaintiff, the Government will consider the matter of Plaintiff's assignment of 24 EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 25 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States 27 Department of the Treasury's Offset Program. After the order awarding EAJA 28 fees and expenses is entered, the Government will determine whether the fees are subject to any offset. If the Department of the Treasury determines that 1 Plaintiff does not owe a federal debt, the Government shall cause the payment 2 of fees and expenses to be made directly to Barbara Marie Rizzo, pursuant to 3 the assignment executed by Plaintiff. Any payments made shall be delivered to 4 Plaintiff's counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's 6 request for EAJA attorney fees and expenses and does not constitute an 7 admission of liability on the part of Defendant under the EAJA. Payment of the 8 agreed amount shall constitute a complete release from, and bar to, any and all 9 claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA 10 attorney fees and expenses in connection with this action. 11 This award is without prejudice to the rights of Plaintiff's counsel to 12 seek attorney fees pursuant to the Social Security Act, 42 U.S.C. §406(b), 13 subject to the offset provisions of the EAJA. 14 Respectfully submitted, 15 16 Dated: May 14, 2024 “/s/Barbara Marie Rizzo” BARBARA MARIE RIZZO 17 Attorney for Plaintiff 18 Dated: May 14, 2024 "/s/Timothy A. Razel 19 TIMOTHY A. RAZEL (As authorized via e-mail) 20 Special Assistant United States Attorney Attorney for Defendant 21 Commissioner of Social Security 22 23 24 25 26 27 28 nnn enn nnn enn nn nn EI IE IE EO UNITED STATES DISTRICT COURT 1 EASTERN DISTRICT OF CALIFORNIA 2 3 4 ) WHITNEY A. JONES, ) Case No.: 2:23-CV-00339-TLN-EFB 5 ) Plaintiff, ) ORDER 6 ) Vv. ) 7 ) ) 8 COMMISSIONER OF SOCIAL SECURITY ) ) 9 Defendant. ) ee) 10 11 PURSUANT TO STIPULATION, IT IS ORDERED that: 12 1. The parties’ stipulation for attorney fees (ECF No. 24) is GRANTED; 13 and 14 2. Plaintiff shall be awarded attorney fees in the amount of EIGHTEEN 15 THOUSAND DOLLARS ($18,000.00) and expenses and in the amount of ONE 16 HUNDRED FIVE DOLLARS AND EIGHTEEN CENTS ($105.18), as authorized by □□□ 17 U.S.C. §2412(d), subject to the terms of the above referenced 18 Stipulation. 19 IT IS SO ORDERED. 20 KL. eg 21 ||Dated: May 29, 2024 Zot! lle Lt = Dye 4h » EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28