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

1 PHILLIP A. TALBERT United States Attorney 2 MATTHEW W. PILE Associate General Counsel 3 Social Security Administration 4 ERIN F. HIGHLAND, GA 153550 Special Assistant United States Attorney 5 Office of Program Litigation, Office 7 6 Office of the General Counsel Social Security Administration 7 6401 Security Boulevard 8 Baltimore, MD 21235 9 Telephone: (206) 615-2495 Email: erin.highland@ssa.gov 10 Attorneys for Defendant 11 Sherianne Laba (SBN: 204247) 12 Osterhout Berger Daley, LLC 13 521 Cedar Way, Suite 200 Oakmont, PA 15139 14 Phone: (412) 794-8003 15 Fax: (412) 794-8050 Email: slaba@obl.law 16 Attorney for Plaintiff, Amber Dale Hayes 17 18 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 19 SACRAMENTO DIVISION 20 AMBER DALE HAYES, Case No. 2:24-cv-00123-AC 21 22 Plaintiff, STIPULATION AND [PROPOSED] ORDER FOR THE AWARD OF 23 v. ATTORNEY FEES UNDER THE EQUAL 24 ACCESS TO JUSTICE ACT (EAJA) MARTIN J. O’MALLEY, 28 U.S.C. § 2412(d) 25 Commissioner of Social Security, 26 Defendant. 27 1 TO THE HONORABLE ALLISON CLAIRE, MAGISTRATE JUDGE OF THE 2 UNITED STATES DISTRICT COURT: 3 The Parties through their undersigned counsel, subject to the Court’s approval, 4 stipulate that Plaintiff be awarded attorney fees in the amount of ONE THOUSAND, 5 THREE HUNDRED THIRTY-SEVEN DOLLARS and 21/100 ($1,337.21) under the 6 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 7 compensation for all legal services rendered on behalf of Plaintiff by counsel in 8 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). Plaintiff attests 9 her net worth has not exceeded, $2,000,000.00, at the time of the filing of this civil action 10 nor at the present. 11 After the Court issues an order for EAJA fees to Plaintiff, the government will 12 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue 13 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor 14 the assignment will depend on whether the fees are subject to any offset allowed under 15 16 the United States Department of the Treasury’s Offset Program. After the order for EAJA 17 fees is entered, the government will determine whether they are subject to any offset. 18 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 19 determines that Plaintiff does not owe a federal debt, then the government shall cause the 20 payment of fees, expenses and costs to be made directly to counsel, pursuant to the 21 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 22 counsel, Sherianne Laba, at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. 23 This stipulation constitutes a compromise settlement of Plaintiff’s request for 24 EAJA fees, and does not constitute an admission of liability on the part of Defendant 25 under the EAJA. Payment of ONE THOUSAND, THREE HUNDRED THIRTY- 26 SEVEN DOLLARS and 21/100 ($1,337.21) in EAJA attorney fees. These payments shall 27 constitute a complete release from, and bar to, any and all claims that Plaintiff and 1 || Plaintiff's attorney, Sherianne Laba, may have relating to EAJA attorney fees i 2 || connection with this action. 3 This award is without prejudice to the nghts of Plaintiff's attorney to seek Socia 4 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings claus 5 provisions of the EAJA. 6 Respectfully submitted, 7 8 . Dated: June 14, 2024 /s/ Sherianne Laba 9 SHERIANNE LABA, ESQUIRE 10 Attorney for Plaintiff, Amber Dale Hayes 11 | Dated: June 14, 2024 PHILLIP A. TALBERT 12 Acting United States Attorney MATTHEW W. PILE 13 Associate General Counsel 14 Social Security Administration 15 By: 4/Erin Highland* 16 ERIN HIGHLAND, ESQUIRE Special Assistant U.S. Attorney 17 Attorneys for Defendant 18 (*Permission to use electronic signature obtained via email on June 6, 2024). 19 20 91 | IS SO ORDERED: 22 23 DATE: June 14, 2024 ~ 24 Chthtenr— Mare 5 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 26 27 28 -3-