Blade-Abdullah v. Kijakazi
Blade-Abdullah v. Kijakazi
Trial Court Opinion
1 KYLE KITSON (CSBN 276173) HOMELESS ACTION CENTER 2 3126 Shattuck Avenue Berkeley, CA 94705 3 Telephone: (510) 540-0878 x 308 4 Fax: (510) 540-0403 Email: [email protected] 5 Attorney for Plaintiff 6 MICHELLE LO 7 United States Attorney Northern District of California 8 450 Golden Gate Avenue San Francisco, CA 94102 9 ERIN HIGHLAND 10 Office of the General Counsel Social Security Administration 11 6401 Security Boulevard Baltimore, MD 21235 12 Telephone: (206) 615-2495 Email: [email protected] 13 Attorneys for Defendant 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 FREDDIE BLADE-ABDULLAH, ) 19 ) CIVIL NO. 3:23-cv-00615-LJC Plaintiff, ) 20 ) v. ) 21 ) STIPULATION TO PLAINTIFF’S AWARD KILOLO KIJAKAZI, ) OF ATTORNEY’S FEES AND COSTS 22 ) AND ORDER Defendant. ) 23 ) ) 24 ) 25 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 26 counsel, subject to the approval of the Court, that Plaintiff’s counsel, as Plaintiff’s assignee, be 27 awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of FOUR 28 THOUSAND EIGHT HUNDRED FIFTY-FIVE DOLLARS ($4855.00). This amount 1 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 2 connection with this civil action, in accordance with
28 U.S.C. §§ 1920, 2412(d). 3 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 4 attorney fees, and does not constitute an admission of liability on the part of Defendant under 5 the EAJA. Payment of four thousand eight hundred fifty-five dollars ($4855.00) in EAJA 6 attorney fees shall constitute a complete release from and bar to any and all claims Plaintiff 7 may have relating to EAJA fees, expenses, and/or costs in connection with this action. 8 After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will 9 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. The ability 10 to honor the assignment will depend on whether the fees are subject to any offset allowed 11 under the United States Department of the Treasury’s Offset Program and the Commissioner 12 will determine whether the fees are subject to an offset. See Astrue v. Ratliff,
560 U.S. 586, 13 598 (2010). Any payment shall be made payable to Plaintiff, but if the Department of the 14 Treasury determines that Plaintiff does not owe a Federal debt, then the Commissioner shall 15 cause the payment of fees and costs to be made directly to Plaintiff’s counsel pursuant to the 16 assignment executed by Plaintiff (attached). 17 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social 18 Security Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause provisions of 19 the EAJA. 20 /s/ Kyle Kitson 21 Dated: August 22, 2023 KYLE KITSON Attorney for Plaintiff 22 23 Date: August 22, 2023 MICHELLE LO 24 Acting United States Attorney 25 By: /s/ *Erin Highland _________________________ 26 ERIN HIGHLAND Social Security Administration 27 *by email authorization August 17, 2023 28 Attorneys for Defendant 1 2 || Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAJA 4 the amount of four thousand eight hundred fifty-five dollars ($4855.00), as authorized by 28 5 11U.S.C. §§ 1920, 2412(d), subject to the terms of the above-referenced Stipulation. 6 7 || Dated: August 25, 2023 8 ih □ 9 TH NORABLE LISA J. CISNEROS U States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Reference
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