(SS)(PS) Schoppe-Escobar v. Commissioner of Social Security ( 2024 )

1 MARGARET LEHRKIND SBCA # 314717 2 Lehrkind Law Office, P.C. 3 2625 Alcatraz Ave, # 208 Berkeley, CA 94705 4 Tel: 510-590-1907 Margaret@LehrkindLawOffice.com 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 VIELKA A. SCHOPPE-ESCOBAR, Case No.: 2:24-cv-142-AC 10 Plaintiff, 11 STIPULATION FOR THE AWARD AND vs. 12 PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL COMMISSIONER OF SOCIAL SECURITY, 13 ACCESS TO JUSTICE ACT; [PROPOSED] 14 Defendant ORDER 15 The parties, through their respective counsel, hereby agree that attorney fees in the 16 17 amount of $7,500 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 18 U.S.C. § 2412 and costs of $0, pursuant to 28 U.S.C. § 1920. Such attorney fees shall be subject 19 to verification that Plaintiff has no debt which qualifies for offset, pursuant to the Treasury 20 Offset Program as discussed in Astrue v. Ratliff, 130 S. Ct. 2521 (2010). 21 If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees are not 22 23 subject to any offset allowed under the Department of the Treasury’s Offset Program, then the 24 check or electronic funds transfer for EAJA fees shall be made payable to Plaintiff’s attorney, 25 Margaret Lehrkind, based upon Plaintiff’s assignment of these amounts to her. See Exhibit – 26 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 27 EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] ORDER - 1 28 1 Retainer Agreement. If Plaintiff has a debt, then any remaining funds after offset shall be made 2 payable to Plaintiff and mailed to counsel’s address. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 4 attorney fees and expenses and does not constitute an admission of liability on the part of 5 6 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 7 from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to 8 EAJA attorney fees and expenses in connection with this action. 9 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 10 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 11 12 13 DATE: September 9, 2024 Respectfully submitted, 14 15 Lehrkind Law Office, P.C. 16 By: /s/ Margaret Lehrkind 17 Margaret Lehrkind Attorney for Plaintiff 18 DATE: September 9, 2024 By: /s/ Edmund (Jack) Darcher * 19 EDMUND (JACK) DARCHER 20 *As authorized via email on 9/9/24 Special Assistant United States Attorney 21 Attorney for Defendant 22 23 24 25 26 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 27 EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] ORDER - 2 28 1 [PROPOSED] ORDER > || Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 Fees and Expenses (the “Stipulation”), 4 5 IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND FIVE 6 || HUNDRED DOLLARS and 00/100 ($7,500) as authorized by the Equal Access to Justice Act 7 ||(EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 8 g || SO ORDERED. 10 ||} DATE: September 9, 2024 ~ Atlunn—Clone ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 27 || EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] 38 ORDER - 3