(SS) Avxentieva v. Commissioner of Social Security

JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 Carmichael, CA 95608 (916) 488-3030 (916) 489-9297 fax Attorney for Plaintiff MARINA AVXENTIEVA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

-o0O0o- MARINA AVXENTIEVA, ) No. 2:20-cv-02398-KJN

) Plaintiff, )

) STIPULATION AND

v. ) ORDER

) APPROVING SETTLEMENT

Kilolo Kijakazi, ) OF ATTORNEY FEES UNDER COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO SECURITY, ) JUSTICE ACT [28 U.S.C.

§2412(d)]

)

Defendant. )

____________________________________)

THE PARTIES STIPULATE through the undersigned, subject to the approval of the Court, that plaintiff be awarded attorney fees in the amount of Two Hundred ($200.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for all legal services rendered by counsel for plaintiff in this civil action and in accordance with that statute.

Upon the Court’s order, defendant will consider the assignment of those EAJA fees pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed under the United States Department of Treasury’s Offset Program. Fees shall be made payable to plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by plaintiff and will deliver the payment to said counsel.

This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees and not an admission of liability of defendant under the EAJA. Payment of this agreed amount shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA.

Dated: September 16, 2021 /s/ Jesse S. Kaplan

JESSE S. KAPLAN Attorney for Plaintiff

Dated: September 16, 2021 /s/ per email authorization

ELLINOR CODER

Special Assistant U.S. Attorney

Attorney for Defendant

ORDER

° GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that defendant pay plaintiff's attorney fees pursuant to the EAJA in accordance with this stipulation. Dated: September 24, 2021

KENDALL J.NE

UNITED STATES MAGISTRATE JUDGE

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