(SS)Ede v. Commissioner of Social Security

1 John Metsker, Esq. SBN 268977 THE METSKER LAW FIRM P.O. Box 590881 San Francisco, CA 94159 Phone: 866-342-6180 Fax: 415-500-4081 [email protected] Attorney for Plaintiff 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA JACOB L. EDE, No. 1:22-cv-00052-EPG Plaintiff, ORDER RE: STIPULATION FOR THE AWARD v. OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § KILOLO KIJAKAZI, Acting 2412(d) Commissioner of Social Security, (ECF No. 19).

Defendant.

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 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND EIGHT HUNDRED DOLLARS ($6,800.00) and no costs under 28 U.S.C. § 1920. These amounts represent compensation for all legal services rendered and costs incurred on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d) and 1920.

After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (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 and expenses is entered, the government will determine whether they are subject to any offset.

Fees and expenses 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 to be made directly to the Metsker Law Firm, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in connection with this action.

15 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

Respectfully submitted, Dated: April 28, 2023 /s/ John David Metsker JOHN DAVID METSKER Attorney for Plaintiff Dated: April 28, 2023 /s/ Marcelo Illarmo 24 MARCELO ILLARMO *As authorized via email on April 28, 2023 26 Special Assistant United States Attorney Attorney for Defendant 1 ORDER 2 Based upon the parties’ stipulation (ECF No. 19), IT IS ORDERED that fees and || expenses in the amount of $6,800.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 | U.S.C. § 1920, be awarded subject to the terms of the stipulation.

IT IS SO ORDERED.

7) Dated: _May 1, 2023 □□□ hey 3 UNITED STATES MAGISTRATE JUDGE