(SS) Burkholder v. Commissioner of Social Security

PHILLIP A. TALBERT Acting United States Attorney PETER K. THOMPSON, HISBN 5890 Acting Regional Chief Counsel, Region IX Chief, Civil Division DAVID PRIDDY, ILSBN 6313767 Special Assistant United States Attorney Social Security Administration Spear St., Suite 800 San Francisco, CA 94105 Telephone: (510) 970-4801 Facsimile: (415) 744-0134 Email: [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION CHARLES BURKHOLDER, ) ) Case No.: 2:21-cv-00424-WBS-DMC 16 Plaintiff, ) ) STIPULATION FOR THE AWARD AND 17 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, Acting ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 19 Commissioner of Social Security, ) 2412(d), AND COSTS PURSUANT TO ) 28 U.S.C. § 1920 20 Defendant. ) ) This stipulation is intended to replace the MOTION for Attorney Fees Plaintiff filed on June 13, 2022.

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 and expenses in the amount $8,000.00 (EIGHT THOUSAND dollars) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of $627.00 (SIX HUNDRED TWENTY-SEVEN dollars) under 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. §§ 1920; 2412(d).

4 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, if any. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any 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.

10 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.

14 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.

19 This award is without prejudice to the rights of counsel and/or counsel’s firm 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: June 23, 2022 CHERMOL AND FISHMAN LLC 25 By: /s/ Ashish A. Agrawal* ASHISH A. AGRAWAL * By email authorization on June 22, 2022 27 Attorneys for Plaintiff Dated: June 23, 2022 PHILIP A. TALBERT United States Attorney 2 PETER K. THOMPSON Regional Chief Counsel, Region IX 3 Social Security Administration By: /s/David Priddy 5 DAVID PRIDDY 6 Special Assistant United States Attorney 8 ORDER 9 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and Costs Pursuant |[ to 28 U.S.C. § 1920, IT IS ORDERED that fees and expenses in the amount of $8,000.00 as authorized by 28 U.S.C. § 2412(d), and costs in the amount of $627.00 as authorized by 28 || US.C. § 1920, be awarded subject to the terms of the Stipulation. Further, the Clerk of Court is || directed to designate the motion for attorney fees (ECF No. 20) as withdrawn.

17 DENNIS M. COTA 18 UNITED STATES MAGISTRATE JUDGE