(SS) Basurto v. Commissioner of Social Security

PHILLIP A. TALBERT

Acting United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

CHANTAL R. JENKINS, PA SBN 307531

Special Assistant United States Attorney

160 Spear Street, Suite 800

San Francisco, California 94105

Telephone: (415) 977-8931

Facsimile: (415) 744-0134

E-Mail: [email protected]

Attorneys for Defendant

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION

) 2:20-CV-02064-EFB

XAVIER BASURTO, ) ) STIPULATION FOR THE AWARD AND

Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 16 ANDREW SAUL, ) 2412(d),

Commissioner of Social Security, ) )

Defendant. ) ) )

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Xavier Basurto [Plaintiff] be awarded attorney fees and expenses in the amount of four hundred fifteen dollars and fifty-six cents ($415.56) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel Jesse Kaplan (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 counsel. Pursuant to Astrue v. Ratliff, 560 28 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.

Respectfully submitted,

Dated: September 30, 2021 /s/ Jesse S. Kaplan by Chantal R. Jenkins* *As authorized via email on September 30, 2021 Jesse S. Kaplan

Attorney for Plaintiff /////

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Dated: September 30, 2021 PHILLIP A. TALBERT

Acting United States Attorney DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX Social Security Administration By: /s/ Chantal R. Jenkins

CHANTAL R. JENKINS

Special Assistant United States Attorney

ORDER

1]

APPROVED AND SO ORDERED.

Dated: October 4, 2021. Z 7 tt 4-—_——__ UNITED STATES MAGISTRATE JUDGE