(SS) Enriquez 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 SERGIO E. ROJAS ENRIQUEZ PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX MARCELO N. ILLARMO Social Security Administration Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105 (510) 970-4822 [email protected] Attorneys for Defendant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SERGIO E. ROJAS ENRIQUEZ, No. 1:20-CV-01504 (EPG)

Plaintiff, v. STIPULATION AND ORDER FOR

AWARD AND PAYMENT OF

KILOLO KIJAKAZI, ATTORNEYS FEES AND COSTS ACTING COMMISSIONER OF PURSUANT TO THE EQUAL ACCESS TO SOCIAL SECURITY, JUSTICE ACT (28 U.S.C. §2412(d)) AND 28

U.S.C. §1920 Defendant.

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, subject to the approval of the Court, that Sergio E. Rojas Enriquez (“Plaintiff”) be awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of seven hundred and thirty three dollars and nineteen cents ($733.19), and four hundred dollars ($400) costs, for a total of one thousand and one hundred thirty three dollars and nineteen cents ($1,133.19). 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) and 28 U.S.C. §1920.

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: September 23, 2021 NEWEL LAW

By: Melissa Newel

Melissa Newel Attorney for Plaintiff SERGIO E. ROJAS ENRIQUEZ

Dated: September 28, 2021 PHILLIP A. TALBERT

Acting United States Attorney DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration By: Marcelo N. Illarmo* MARCELO N. ILLARMO

(*Authorized by email dated 09/28/2021)

Special Assistant U.S. Attorney Attorneys for Defendant ORDER

Based upon the parties’ stipulation (ECF No. 16), IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412, attorneys’ fees in the amount of $733.19 and costs in the amount of $400.00, for a total of $1,133.19, be awarded subject to the terms of the Stipulation.

IT IS SO ORDERED. g | Dated: _ September 29, 2021 [Je hey

UNITED STATES MAGISTRATE JUDGE