(SS) Singh 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 SCOTT ELLIOTT, MI 77814 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (212) 264-2079 7 E-Mail: scott.a.elliott@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ) Case No.: 2:22-cv-02003-JDP 12 MALKIYAT SINGH, ) ) STIPULATION FOR THE AWARD AND 13 Plaintiff, ) PAYMENT OF ATTORNEY FEES ) PURSUANT TO THE EQUAL ACCESS TO 14 vs. ) JUSTICE ACT, 28 U.S.C. § 2412(d), AND ) COSTS PURSUANT TO 28 U.S.C. § 1920; 15 COMMISSIONER OF SOCIAL SECURITY, ) [PROPOSED] ORDER ) 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 in the 21 amount $7,000.60 (SEVEN THOUSAND dollars and SIXTY cents) under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 23 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 24 accordance with 28 U.S.C. § 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 27 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 28 will depend on whether the fees are subject to any offset allowed under the United States 1 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 2 government will determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 5 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 6 Plaintiff. Any payments made shall be delivered to counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 11 to EAJA attorney fees or costs in connection with this action. 12 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 13 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 14 provisions of the EAJA. Respectfully submitted, 15 16 Date: May 22, 2024 /s/ Jesse S. Kaplan* JESSE S. KAPLAN 17 (as authorized by email on May 22, 2024) Attorney for Plaintiff 18 19 Date: May 22, 2024 PHILLIP A. TALBERT 20 United States Attorney MATHEW W. PILE 21 Associate General Counsel 22 Social Security Administration 23 /s/ Scott Elliott 24 SCOTT ELLIOTT Special Assistant United States Attorney 25 Social Security Administration Attorney for Defendant 26 27 28 | PROPOSED} ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees, IT IS ORDERED that fees in the amount of $7,000.60 as authorized by 28 4 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. The pending motions for 5 |] attorney fees, ECF Nos. 24 & 25, are denied as moot. 6 7 IT IS SO ORDERED. 8 ( — Dated: _ May 29, 2024 q—_———. ? at D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip.; No. 2:22-cv-02003-JDP