Soukphrachanh v. Saul

LYDIA CHAO, SBN 274910

BAY AREA LEGAL AID

1735 Telegraph Ave.

Oakland, CA 94612 [email protected]

Phone: (510) 250-5299

Facsimile: (510) 663-4740

Attorney for Plaintiff

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

LONNIE SOUKPHRACHANH, Case No. 3:20-cv-4547-MMC

Plaintiff,

STIPULATION AND PROPOSED v. ORDER APPROVING SETTLEMENT

OF ATTORNEY FEES PURSUANT TO

KILOLO KIJAKAZI,1 THE EQUAL ACCESS TO JUSTICE

Acting Commissioner of Social Security, ACT, 28 U.S.C. § 2412(d) Defendant.

IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of $4,500 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero dollars ($0.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 1920.

After the Court issues an order for EAJA fees to Plaintiff, Defendant will consider any assignment of EAJA fees to Plaintiff’s counsel, Bay Area Legal Aid. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend

1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021.

Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should automatically be substituted for Andrew Saul as the defendant in this suit. 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, Defendant 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 to be made directly to Bay Area Legal Aid, Tax ID# 94-1631316, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel, Bay Area Legal Aid, 1735 Telegraph Ave., Oakland, CA 94612.

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 connection with this action. This award is without prejudice to the rights of Plaintiffs }counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA, although Bay Area Legal Aid has waived their right to }claim any fees under 42 U.S.C. §406(b).

Respectfully Submitted, |! Dated: September 13, 2021 By: _/s/ Lydia Chao

Lydia Chao

Attorney for Plaintiff

Dated: September 13, 2021 By: _/s/ Tina Naicker

Tina Naicker

Assistant Regional Counsel *authorized by email on August 30, 2021 [PROPOSED] ORDER

PURSUANT TO THE STIPULATION, IT IS SO ORDERED. *6 Dated: September 13,2021 By: Hes Le aS LM. Ley . Maxine M. Chesney

STIPULATION AND [PROPOSED] ORDER FOR EAJA FEES ("AQER NIQ) 2-90 _ arr AKAT NANO