Kraft v. Kijakazi

1 Katherine R. Siegfried, SBN 250558 Law Office of Katherine Siegfried 1939 Harrison St, Suite 120 Oakland, CA 94612 Ph: 510.465.0018 Fax: 510.217.3979 Email: [email protected] Attorney for Plaintiff, SHANA KRAFT UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SHANA KRAFT, 8 Plaintiff, CIVIL NO. 23-cv-05434-LJC 9 v. STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY 10 MARTIN O’MALLEY, FEES AND EXPENSES PURSUANT Commissioner of Social Security, TO THE EQUAL ACCESS TO 11 JUSTICE ACT, 28 U.S.C. § 2412(d) 12 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 ONE THOUSAND THREE HUNDRED AND FORTY-FIVE DOLLARS ($1,345) and costs in the amount of FOUR HUNDRED AND TWO DOLLARS ($402) under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by Plaintiff’s counsel, Katherine R. Siegfried (Plaintiff’s Attorney) in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). Plaintiff was the prevailing party in this matter, and her net worth is less than two million dollars.

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 Plaintiff's Attorney. Pursuant to Astrue v. Ratliff, 560 US 586 (2010), the ability to honor the assignment will depend on whether the fees 1 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 > subject to any offset. 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 to be made directly to Katherine Siegfried, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to the Law Office of Katherine Siegfried.

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 11 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, Jincluding the Law Office of Katherine Siegfried, may have relating to EAJA attorney fees and | expenses in connection with this action. This award is without prejudice to the rights of *° | Katherine Siegfried to seek attorney fees under 42 U.S.C. § 406, subject to the savings provisions of the EAJA.

Date: February 20, 2024 oo 18 By: [Ec S Katherine Siegfried 19 Attorney for the Plaintiff | Date: February 20, 2024 ISMAIL RAMSEY United States Attorney By: = /s/Erin Highland (as authorized by email) Erin Highland Special Assistant United States Attorney 23 Attorney for Defendant 23-cv-05434-LIC ORDER > | Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act |Fees, Costs, and Expenses, IT IS ORDERED that fees in the amount of ONE THOUSAND | THREE HUNDRED AND FORT-FIVE DOLLARS ($1,345) and costs in the amount of FOUR HUNDRED AND TWO DOLLARS ($402) be awarded subject to the terms of the Stipulation.

Jo Dated:February 27, 2024 Uno J. Cifngvos 9 UNITED STATES DISTRICT COURT JUDGE 23-cv-05434-LIC