(SS) Swars v. Commissioner of Social Security

PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 JAMES KI, WSBN 42978 Special Assistant United States Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Telephone: (212) 264-2435 [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) Case No.: 2:23-cv-01351-KJN JENNIFER LEE SWARS, ) ) STIPULATION FOR THE AWARD AND 15 Plaintiff, ) PAYMENT OF ATTORNEY FEES ) PURSUANT TO THE EQUAL ACCESS TO 16 vs. ) JUSTICE ACT, 28 U.S.C. § 2412(d); ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) 18 ) ) 19 Defendant. ) 21 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 in the amount $7,600.00 (SEVEN THOUSAND SIX HUNDRED 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. §§ 1920; 2412(d).

27 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.

5 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.

9 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 or costs in connection with this action.

14 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, Date: December 1, 2023 /s/ Francesco P. Benavides* FRANCESCO P. BENAVIDES 19 (as authorized by email on December 1, 2023) Attorney for Plaintiff Date: December 1, 2023 PHILLIP A. TALBERT 22 United States Attorney MATHEW W. PILE Associate General Counsel 24 Social Security Administration 25 By: /s/ James Ki 26 JAMES KI Special Assistant United States Attorney 27 Social Security Administration Attorney for Defendant 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to || Justice Act Fees, IT IS ORDERED that fees in the amount of $7,600.00 as authorized by 28 ||U.S.C. § 2412, be awarded subject to the terms of the Stipulation.

5 || Dated: December 4, 2023 Foci) Aharon 7 EENDALLJ.NE g UNITED STATES MAGISTRATE JUDGE || swar.1351 1] EAJA Stip.; No. 2:23-cv-01351-KJN 3