(SS) Chavez v. Commissioner of Social Security

1 Jared Walker (SB#269029) P.O. Box 1777 Orangevale, CA 95662 T: (916) 476-5044 F: (916) 476-5064 [email protected] Attorney for Plaintiff, ELVIA CHAVEZ 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA ELVIA CHAVEZ, Case No.: 2:20-cv-01843-CKD 10 Plaintiff, STIPULATION AND ORDER FOR THE 11 v. AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE KILOLO KIJAKAZI, ACT, 28 U.S.C. § 2412 Acting Commissioner of the Social Security Administration, 14 Defendant.

16 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, expenses, and costs in the above-entitled action in the amount of $7,320.85, which total amount the parties stipulate consists of $6,900.00 in fees and $20.85 in expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), together with $400.00 in costs as authorized by 28 U.S.C. §§ 1920, 2412(a). This amount represents compensation for all legal services and expenses incurred on behalf of Plaintiff by counsel in connection with this civil action.

23 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if 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.

1 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 will cause the payment of fees to be made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T.

5 WALKER.

6 This stipulation constitutes a 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.

8 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., may have relating to EAJA attorney fees in connection with this action.

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

13 Dated: November 18, 2021 Respectfully submitted, 14 /s/ Jared Walker JARED T. WALKER, 15 Attorney for Plaintiff SO STIPULATED: 17 PHILLIP A. TALBERT Acting United States Attorney 18 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration By: /s/ *Margaret Lehrkind 21 MARGARET LEHRKIND (*authorized by e-mail on 11/18/2021) Special Assistant United States Attorney Attorneys for Defendant

1 ORDER 2 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access || to Justice Act (EAJA), 4 IT IS ORDERED that Plaintiff is awarded $6,900.00 in fees and $20.85 in expenses under 28 || U.S.C. § 2412(d), as well as $400.00 in costs as authorized by 28 U.S.C. §§ 1920, 2412(a), for a || total amount of $7,320.85 awarded to plaintiff pursuant to this Order, inclusive of all amounts || claimed, subject to and in accordance with the terms of the parties’ foregoing Stipulation.

8 Dated: November 19, 2021 aie } ft | Ld a 4 9 CAROLYNK DELANEY 10 UNITED STATES MAGISTRATE JUDGE 1] 3- GTIDIN ATIAN ANT DDADAGCENADHED DAD