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

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 JENNIFER C. FORSYTH, CO #33659 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: 303-844-7368 7 E-Mail: Jennifer.Forsyth@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ) Case No.: 2:22-cv-01598-JDP 12 HARLEY RICHARD LEIGHTY, ) ) STIPULATION FOR THE AWARD AND 13 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 14 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. ) § 2412(d), AND COSTS PURSUANT TO 28 15 MARTIN O’MALLEY, Commissioner of ) U.S.C. § 1920; [PROPOSED] ORDER Social Security, ) 16 ) ) 17 Defendant. ) 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 and 21 expenses in the amount of $11,500.00 (ELEVEN THOUSAND FIVE-HUNDRED dollars and 22 ZERO cents) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in 23 the amount of $402.00 (FOUR HUNDRED AND TWO dollars and ZERO cents) to be paid 24 separately from the Judgment Fund, pursuant to 28 U.S.C. § 1920. This amount represents 25 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 26 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 1 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 2 will depend on whether the fees are subject to any offset allowed under the United States 3 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 4 government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 8 Plaintiff. Any payments made shall be delivered to counsel. Payments may be made by 9 electronic fund transfer (EFT) or by check. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 11 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 12 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 13 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 14 to EAJA attorney fees or costs in connection with this action. 15 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 17 provisions of the EAJA. 18 19 20 21 22 23 24 25 26 27 28 Respectfully submitted, 1 2 Date: May 20, 2024 /s/ David Linden* DAVID LINDEN 3 (as authorized by email on May 17, 2024) Attorney for Plaintiff 4 5 Date: May 20, 2024 PHILLIP A. TALBERT 6 United States Attorney MATHEW W. PILE 7 Associate General Counsel 8 Social Security Administration 9 /s/ Jennifer C. Forsyth 10 JENNIFER C. FORSYTH Special Assistant United States Attorney 11 Social Security Administration Attorney for Defendant 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 4 || of $11,500.00 (ELEVEN THOUSAND FIVE-HUNDRED dollars and ZERO cents) under the 5 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of $402.00 6 (FOUR HUNDRED AND TWO dollars and ZERO cents) to be paid separately from the 7 || Judgment Fund, pursuant to 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 8 || Payments may be made by electronic fund transfer (EFT) or by check. 9 10 IT IS SO ORDERED. 11 ( _ 0 Dated: _ May 29, 2024 Q——— JEREMY D. PETERSON 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip.; No. 2:22-cv-01598-JDP