(SS) Tietjen v. Commissioner of Social Security

PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration ALLISON J. CHEUNG, CSBN 244651 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105-1545 6 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 E-mail: [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 13 ) Case No. 2:20-cv-02065-DMC ISSAC TIETJEN, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. 16 ) § 2412(d) ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) 18 ) ) 19 Defendant. ) ) 20 ) ) 22 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Issac Tietjen be awarded attorney fees and expenses in the amount of eight thousand five hundred dollars and no cents ($8,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 26 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. §§ 1920; 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 Jared T. Walker. Pursuant to Astrue v. Ratliff, 560 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.

8 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 and expenses to be made directly to Jared T. Walker, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Mr. Walker.

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 Jared T. Walker, including the Law Office of Jared T. Walker, may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Mr. Walker or the Law Office of Jared T.

Walker to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

The parties further agree that this stipulation should terminate the motion at Dkt. No. 24. // // // // // // // Respectfully submitted, Dated: February 2, 2022 3 /s/ Jared T. Walker*_____ (*as authorized via email on February 1, 2022) JARED T. WALKER 5 Attorney for Plaintiff Dated: February 2, 2022 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL 8 Regional Chief Counsel, Region IX Social Security Administration 10 By: /s/ Allison J. Cheung ALLISON J. CHEUNG 11 Special Assistant U.S. Attorney Attorneys for Defendant 1 ORDER Pursuant to stipulation, IT IS SO ORDERED.

4 Dated: February 4, 2022 Seo 5 DENNIS M. CO 6 UNITED STATES MAGISTRATE JUDGE Stip. for Atty Fees; 2:20-cv-02065-DMC