(SS)Harris v. Commissioner of Social Security

1 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE, WSBA No. 32245 Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration MARY TSAI, CA SBN 216963 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: 510-970-4864 Facsimile: (415) 744-0134 E-Mail: [email protected] Attorneys for Defendant Meghan O. Lambert, Esq.

Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 Phone: 412-794-8003 [email protected] CA Bar ID: 258040 Attorney for Plaintiff 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA LEE ALEXANDER HARRIS, No. 2:21-cv-1882 DB Plaintiff, STIPULATION AND ORDER FOR THE 21 AWARD OF ATTORNEY FEES UNDER 22 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) KILOLO KIJAKAZI, 28 U.S.C. § 2412(d), AND COSTS Acting Commissioner of Social PURSUANT TO 28 U.S.C. § 1920 Security, 26 Defendant.

27 TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE OF 1 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that Plaintiff be awarded attorney fees in the amount of ONE THOUSAND, ONE HUNDRED DOLLARS and 00/100 ($1,100.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of FOUR HUNDRED AND TWO DOLLARS ($402.00) under 28 U.S.C. § 1920, to be paid separately from the Judgment Fund. 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 counsel. 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.

17 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, Meghan O.

20 Lambert, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Meghan O. Lambert at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139.

23 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 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 Plaintiff’s attorney, Meghan O. Lambert, including Osterhout Berger Disability Law, LLC, may have relating to EAJA attorney fees in connection with this action.

3 This award is without prejudice to the rights of Plaintiff’s attorney 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: October 18, 2022 /s/ Meghan O. Lambert 9 M EGHAN O. LAMBERT Attorney for Plaintiff Dated: October 18, 2022 PHILLIP A. TALBERT 12 United States Attorney MATHEW W. PILE 14 Associate General Counsel 15 Office of Program Litigation, Office 7 Social Security Administration 17 By: /s/ * Mary Tsai MARY TSAI 18 Special Assistant U.S. Attorney 19 Attorneys for Defendant (*Permission to use electronic signature 20 obtained via email on October 18, 2022).

ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED.

25 DATE: October 26, 2022 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE