(SS) K.W 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 MICHELLE A. PAVELEK, CSBN 300642 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (510) 970-4862 7 E-Mail: Michelle.A.Pavelek@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ROSIE HERBERT WILLIS on behalf of ) Case No.: 2:23-cv-1341-DMC 12 K.W., ) ) 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 COMMISSIONER OF SOCIAL SECURITY, ) U.S.C. § 1920; ORDER ) 16 ) Defendant. ) 17 ) 18 19 Plaintiff seeks an award of attorney fees under the (EAJA), 28 U.S.C. § 2412 et seq. 20 After Plaintiff filed the present motion, the parties engaged in good faith negotiations. IT IS 21 HEREBY STIPULATED by and between the parties through their undersigned counsel, subject 22 to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 23 $8,350.00 (EIGHT THOUSAND, THREE HUNDRED AND FIFTY dollars) under the Equal 24 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 25 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 26 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. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 13 to EAJA attorney fees or costs in connection with this action. 14 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 15 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 16 provisions of the EAJA. Respectfully submitted, 17 18 Date: November 20, 2024 /s/ Jesse Kaplan* JESSE KAPLAN 19 (*as authorized by email) Attorney for Plaintiff 20 21 Date: November 20, 2024 PHILLIP A. TALBERT 22 United States Attorney MATHEW W. PILE 23 Associate General Counsel 24 Social Security Administration 25 /s/ Michelle A. Pavelek 26 MICHELLE A. PAVELEK Special Assistant United States Attorney 27 Social Security Administration Attorney for Defendant 28 ] 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 $8,350.00 as authorized by 28 U.S.C. § 2412, and costs in the amount of $0.00 as authorized 5 || by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 6 7 8 Dated: November 21, 2024 Sarco 9 DENNIS M. CO 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. 2:23-cv-1341-DMC