(SS) Sykes v. Commissioner of Social Security

Melissa Newel (#148563) NEWEL LAW 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 (510) 316-3827 [email protected] Attorney for Plaintiff BRIDGETTE REBECCA SYKES PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX CASPAR CHAN (#294804) Social Security Administration Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105 (415) 977-8961 [email protected] Attorneys for Defendant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BRIDGETTE REBECCA SYKES, No. 1:20-cv-00268-SKO

Plaintiff, STIPULATION AND ORDER FOR

AWARD AND PAYMENT OF

v. ATTORNEYS FEES PURSUANT TO THE

EQUAL ACCESS TO JUSTICE ACT (28

KILOLO KIJAKAZI, U.S.C. §2412(d)) ACTING COMMISSIONER OF SOCIAL SECURITY1, (Doc. 21)

Defendant.

1 Pursuant to Fed. R. Civ. Pro. 25(d)(1) and 42. U.S.C. §405(g), Kilolo Kijakazi, Acting Commissioner of Social Security, is hereby substituted as the defendant in the above-captioned action.

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, subject to the approval of the Court, that Bridgette Rebecca Sykes (“Plaintiff”) be awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of eight thousand four hundred and eighty-three dollars ($8,483). This represents compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §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 Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the attorney 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 subject to offset, then the government shall cause the payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments made shall be delivered to Plaintiff’s 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 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in connection with this action.

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

Respectfully submitted,

Dated: August 30, 2021 NEWEL LAW

By: Melissa Newel

Melissa Newel Attorney for Plaintiff BRIDGETTE REBECCA SYKES

Dated: August 30, 2021 PHILLIP A. TALBERT

Acting United States Attorney DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

By: Caspar Chan*

CASPAR CHAN

(*Authorized by email dated 08/30/2021) Special Assistant U.S. Attorney

Attorneys for Defendant

ORDER

Based upon the parties’ above “Stipulation for Award and Payment of Attorneys Fees Pursuant to the Equal Access to Justice Act (28 U.S.C. §2412(d))” (the “Stipulation”) (Doc. 21), IT IS HEREBY ORDERED that attorney fees in the amount of eight thousand four hundred and eighty-three dollars ($8,483) be awarded subject to the terms of the Stipulation. IT IS SO ORDERED.

Dated: August 31, 2021 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE