(SS) Adair v. Commissioner of Social Security

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 9245 Laguna Springs Drive, Suite 200 Elk Grove, California 95758 Telephone: (209) 948-9384 Facsimile: (209) 948-0706

6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH JONATHAN D. ADAIR, Case No.: 2:22-cv-01250-KJN Plaintiff, STIPULATION AND ORDER FOR THE vs. 13 AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS KILOLO KAJIKAZI, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social Security, 16 Defendant

18 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 EAJA in the amount of $5,333.37. This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.

24 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, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees and expenses 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, expenses and costs to be made directly to Shellie Lott, 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 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.

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.

18 Respectfully submitted, Dated: May 11, 2023 /s/ Shellie Lott SHELLIE LOTT Attorney for Plaintiff PHILLIP A. TALBERT 22 United States Attorney PETER K. THOMPSON Acting Regional Chief Counsel, Region IX Date: May 11, 2023 /s/Elizabeth K. Landgraf 25 (As authorized via email on 5/5/23) ELIZABETH K. LANDGRAF Special Assistant United States Attorney ||SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 Laguna Springs Drive, Suite 200 || Elk Grove, California 95758 Telephone: (209) 948-9384 || Facsimile: (209) 948-0706 Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH JONATHAN D. ADAIR, Case No.: 2:22-cv-01250-KJN Plaintiff, vs ORDER FOR THE AWARD OF 13 ATTORNEY FEES PURSUANT TO THE || KILOLO KAJIKAZI, EQUAL ACCESS TO JUSTICE ACT, 28 Acti oe . . U.S.C. § 2412(d) cting Commissioner of Social Security, 16 Defendant 18 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees |) under EAJA, in the amount of $5,333.37, are awarded to Plaintiff, subject to the terms of the 20 . . stipulation.

IT IS SO ORDERED.

23 || Dated: May 11, 2023 24 —-f’ KENDALL J. WEA UNITED STATES MAGISTRATE JUDGE adai.1250 STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D) 2:22-CV-01250-KJIN PAGE 3