(SS) Hall v. Commissioner of Social Security

1 PHILLIP A. TALBERT United States Attorney PETER K. THOMPSON Acting Regional Chief Counsel, Region IX SATHYA OUM Special Assistant U.S. Attorney Social Security Administration 5 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (510) 970-4846 7 Facsimile: (415) 744-0134 Email: [email protected] Attorneys for Defendant 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION SHELLY LEANN HALL, Case No. 2:20-cv-2036-EFB Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 17 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; KILOLO KIJAKAZI1, Acting [PROPOSED] ORDER Commissioner of Social Security, 20 Defendant.

22 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 26 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 be substituted, therefore, for Andrew Saul as the 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 expenses in the amount of $ 10,000.00 (TEN THOUSAND DOLLARS) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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).

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. Pursuant to Astrue v. Ratliff, 560 7 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.

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 Plaintiff’s counsel.

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.

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.

2 Respectfully submitted,

4 Dated: August 4, 2022 /s/ Robert Weems R OBERT WEEMS Attorney for Plaintiff 6 (authorized by email on 8/4/22) Dated: August 4, 2022 PHILLIP A. TALBERT 8 United States Attorney 9 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 10 Social Security Administration By: Sathya Oum 12 SATHYA OUM Special Assistant U.S. Attorney 13 Attorneys for Defendant

1 [PROPOSED| ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses, IT IS ORDERED that fees in the amount of $10,000.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. , | DATE: August 4, 2022. tid EDMUND F. BRENNAN 9 UNITED STATES MAGISTRATE JUDGE 4.