(SS) Schrepel v. Commissioner of Social Security

1 || HARVEY P. SACKETT (72488) AND ASSOCIATES || A PROFESSIONAL LAW Corp. ||548 Market Street, Suite 38822 San Francisco, California 94104-5401 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 || Email: [email protected] || Attorney for Plaintiff ||/as 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DISTRICT 12 ||DARCIE L. SCHREPEL, ) Case No.: 2:20-cv-01996-AC ) 13 Plaintiff, ) STIPULATION AND [PROPOSED] 14 ORDER FOR THE AWARD AND Vv. ) PAYMENT OF ATTORNEY FEES 15 ) PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 16. || KILOLO KUAKAZL USC § 2412(d) Commissioner of Social Security, ) 17 ) 12 Defendant.

20 On February 1, 2022, this Court issued an order reversing the final decision of the >] Defendant, Kilolo Kijakazi, the Acting Commissioner of Social Security (Commissioner), with a remand for a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered.

23 jf SSS 24 |i Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25 25(d)(1) of the Federal Rules of Civil Procedure Kilolo Kijakazi should be substituted, therefore, for Commissioner Andrew Saul as Defendant in this suit. No further action need be taken to continue this suit || by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

KETT LAW CORP. STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) l In the interest of administrative and judicial economy, the parties have agreed to stipulate || that an award of FIVE THOUSAND THREE HUNDRED TWENTY-THREE DOLLARS AND || SEVENTY-FIVE CENTS ($5,323.75) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), is reasonable. This award is without prejudice to Plaintiff's right |] to seek attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. However, this award shall constitute a complete |\release from and bar to any claims Plaintiff may have relating to EAJA fees and costs. Further, || such award shall not be used as precedent in any future cases, nor be construed as a concession by the Commissioner that the original administrative decision denying benefits to Plaintiff was |] not substantially justified.

11 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 Harvey P. Sackett (“Counsel”). Pursuant to || Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an 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 is entered, the Government will determine whether they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 17 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 18 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 19 assignment executed by Plaintiff. Any payments made shall be delivered and made payable to || Counsel.

21 Accordingly, Defendant agrees to pay Plaintiff $5,323.75 in attorney’s fees.

22 All parties whose signature lines appear in this document have consented to its filing.

23 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett |Ito seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 25 provisions of the EAJA. ° LAW CORP. STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) || Dated: April 14, 2022 SACKETT AND ASSOCIATES By: /s_HARVEY P. SACKETT 3 HARVEY P. SACKETT Attorney for Plaintiff 4 DARCIE SCHREPEL Dated: April 18, 2022 PHILLIP A. TALBERT 6 United States Attorney 7 By: /s/ LINDA H. GREEN 8 LINDA H. GREEN Special Assistant United States Attorney 9 Attorney for Defendant [*As authorized by email on 4/14/22] 1] ORDER 13. || Pursuant to the stipulation, IT IS SO ORDERED.

15 ~ Dated: April 18, 2022 Athen Larne 16 ALLISON CLAIRE 7 UNITED STATES MAGISTRATE JUDGE KETT LAW CORP. STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)