Kingsford v. Kijakazi

United States District Court for the Northern District of California

Kingsford v. Kijakazi

Trial Court Opinion

1 ANTOINE JAMES, SBN 295585 HOMELESS ACTION CENTER 2 2601 San Pablo Avenue Oakland, CA 94612 3 (510)695-2260 ex. 312 | (510) 858-7867 [email protected] 4 Attorney for Plaintiff 5 PATRICK D. ROBBINS (CABN 152288) 6 Acting United States Attorney MATHEW W. PILE (WSBA 32245) 7 Associate General Counsel Office of Program Litigation, Office 7 8 ERIN HIGHLAND (GA 153550) Special Assistant United States Attorney 9 Office of Program Litigation, Office 7 Office of the General Counsel 10 Social Security Administration 6401 Security Boulevard 11 Baltimore, MD 21235 Telephone: (206) 615-2495 12 [email protected] 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 MARK KINGSFORD, Case No.: 23-cv-04094-LJC 18 Plaintiff, 19 vs. STIPULATION TO PLAINTIFF’S AWARD 20 OF ATTORNEY’S FEES AND COSTS AND 21 LELAND DUDEK, ORDER Commissioner of Social Security, 22 Defendant, 23 24 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 25 counsel, subject to the approval of the Court, that Plaintiff’s counsel, as Plaintiff’s assignee, be 26 awarded attorney’s fees under the Equal Access to Justice Act (EAJA) in the amount of FOUR 27 THOUSAND EIGHT HUNDRED AND SIXTY SEVEN DOLLARS AND NINETY THREE 28 CENTS. ($4867.93). This amount represents compensation for all legal services). This amount ! |! 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 EAJA. Payment of four thousand eight hundred and sixty seven dollars and ninety three 6 || cents ($4867.93) in EAJA attorney fees shall constitute a complete release from and bar to any 7 |! and all claims Plaintiff may have relating to EAJA fees, expenses, and/or costs in connection 8 |) with this action. 9 After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will 10 || consider the matter of Plaintiffs assignment of EAJA fees to Plaintiff's attorney. The ability 11 |) to honor the assignment will depend on whether the fees are subject to any offset allowed 12 || under the United States Department of the Treasury’s Offset Program and the Commissioner 13 || will determine whether the fees are subject to an offset. See Astrue v. Ratliff;

560 U.S. 586

, 14 11598 (2010). Any payment shall be made payable to Plaintiff, but if the Department of the 15 || Treasury determines that Plaintiff does not owe a Federal debt, then the Commissioner shall 16 || cause the payment of fees and costs to be made directly to Plaintiffs counsel pursuant to the 17 || assignment executed by Mr. Kinsford (attached). 18 This award is without prejudice to the rights of Plaintiff's counsel to seek Social 19 || Security Act attorney fees under

42 U.S.C. § 406

(b), subject to the savings clause provisions of 20 || the EAJA. 21 22 Dated: April 22, 2025 23 ; f{— 24 ANTOINE JAMES 25 Attorney for Plaintiff Mark Kingsford 26 27 28

Order re EAJA fees — Case No. 23-cv-04094-LJC

1 Dated: April 22, 2025 2 3 PATRICK D. ROBBINS Acting United States Attorney 4 5 6 /s/ Erin Highland___________________________ ERIN HIGHLAND 7 Special Assistant United States Attorney 8 *by email authorization Attorneys for Defendant 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER 2 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 4 Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAJA ; in the amount of four thousand eight hundred and sixty seven dollars and ninety three cents ($4867.93), as authorized by

28 U.S.C. §§ 1920

, 2412(d), subject to the terms of the above- 5 referenced Stipulation. 8 9 10 Dated: April 22, 2025 pf HONOR ABLE(LISA J. CISNEROS B Unita $f tates Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Order re EAJA fees — Case No. 23-cv-04094-LJC

A\ 4 } West Oakland Office | Berkeley Office Oakland Office mae. 2601 San Pablo Ave | 3126 Shattuck Ave 1432 Franklin St Oakland CA 94612 | BerkeleyCA 94705 | Oakland CA 94612 homeless 510-695-2260 tel 510-540-0878 tel 510-836-3260 tel ACTION CENTER 510-858-7867 fax 510-540-0403 fax 510-836-7690 fax FEE AGREEMENT AND ASSIGNMENT OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT

I, Mark Kingsford, Social Security number 7417 hereby retain the Homeless Action Center to represent me in federal court review of my SSl/Social Security claim for benefits under the Social Security Act. | understand that this fee agreement and assignment applies only to work on my behalf in United States District Court. | understand more than one attorney at the Homeless Action Center may work on my case. ! understand that the Equal Access to Justice Act (5 U.S.C 504) provides for an award of reasonable attorney fees and expenses to eligible prevailing parties. If federal court review of my case results in a favorable decision to me, either by having my case remanded or by obtaining benefits outright by court order, | understand that my attorney, on behalf of the Homeless Action Center, may apply for statutory fees and expenses under the Equal Access to Justice Act (“EAJA,” 5 U.S.C. 504). | hereby assign any EAJA attorney fees and expenses to the Homeless Action Center, whether or not | ever receive benefits under the Social Security Act. | agree any EAJA fees and expenses may be paid directly to the Homeless Action Center, and | authorize the Homeless Action Center to endorse my name on any check paying EAJA fees and expenses. This agreement and assignment only pertains to EAJA fees and expenses for work on my behalf in federal court, and is in addition to the agreement previously signed for representation before the Social Security Administration. This agreement and assignment does not affect the Homeless Action Center’s waiver of any non-EAJA fee under sections 206 and 1631(d)(2) of the Social Security Act. My Aegart AYE Client Attorney 1/25] 2023 1/23/2023 Date Date

Reference

Status
Unknown