(SS) Kapitula v. Commissioner of Social Security

McGREGOR W. SCOTT

United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

ASIM H. MODI, NYSBN 4692018

Special Assistant United States Attorney

160 Spear Street, Suite 800

San Francisco, CA 94105

Telephone: 415-977-8952

Facsimile: 415-744-0134

Email: [email protected]

Attorneys for Defendant

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION ) Case No.: 2:19-cv-00731-EFB FEDOR KAPITULA, ) )

Plaintiff, ) STIPULATION AND [PROPOSED] ) ORDER THE AWARD AND PAYMENT vs. ) OF ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS ) TO JUSTICE ACT, 28 U.S.C. § 2412(d), ANDREW SAUL, ) AND COSTS PURSUANT TO 28 U.S.C. § 17 Commissioner of Social Security, ) 1920 ) )

Defendant.

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount of FOUR THOUSAND SEVEN HUNDRED THIRTY-EIGHT dollars and NINETY-FIVE cents ($4,738.95) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND FOUR HUNDRED dollars ($400.00) in costs under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 10 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.

Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to counsel.

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

This stipulation also serves as notice that Plaintiff withdraws his Motion for Attorney Fees under the Equal Access to Justice Act (Dkt. 20).

Date: December 31, 2020 JESSE S. KAPLAN

By: /s/Asim Modi for Jesse S. Kaplan* JESSE S. KAPLAN *Authorized by email on December 31, 2020 Attorneys for Plaintiff Date: December 31, 2020 McGREGOR W. SCOTT

United States Attorney DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX By: (/s/Asim H. Modi ? ASIM H. MODI

Special Assistant United States Attorney Attorneys for Defendant

ORDER

APPROVED AND SO ORDERED. The Clerk of Court is directed to terminate ECF No. DATED: January 6, 2021. >

M / EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE

Stipulation for EAJA Fees: 2:19-cv-00731-EFB 3