Korff v. O'Malley
Korff v. O'Malley
Trial Court Opinion
1 MAX HARRIS, SBN 315308 Homeless Action Center 2 2150 Dwight Way Berkeley, CA 94704 3 Phone: (510) 540-0878 x. 305 4 Fax: (510) 540-0403 [email protected] 5 Attorney for Plaintiff 6 7 Social Security Commissioner 8 RYAN LU Office of Program Litigation, Office 7 9 Social Security Administration 6401 Security Boulevard 10 Baltimore, MD 21235 206-615-2034 11 [email protected] 12 Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 MARK KORFF, ) ) CIVIL NO. 4:24-cv-07054-HSG 18 Plaintiff, ) ) 19 v. ) STIPULATION TO PLAINTIFF’S AWARD ) OF ATTORNEY’S FEES AND COSTS 20 COMMISSIONER OF SOCIAL SECURITY, ) AND ORDER ) 21 Defendant. ) ) 22 ) ) 23 24 IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, 25 subject to the approval of the Court, that Plaintiff’s counsel, as Plaintiff’s assignee, be awarded 26 attorney fees under the Equal Access to Justice Act (EAJA) in the amount of NINE 27 THOUSAND FOUR HUNDRED DOLLARS ($9,400.00). 28 l This amount represents compensation for all legal services rendered on behalf of 2 || Plaintiff by counsel in connection with this civil action, in accordance with
28 U.S.C. §§ 1920, 3 |) 2412(d). 4 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 5 || attorney fees, and does not constitute an admission of liability on the part of Defendant under the 6 |] EAJA. Payment of nine thousand four hundred dollars ($9,400.00) in EAJA attorney fees shall 7 || constitute a complete release from and bar to any and all claims Plaintiff may have relating to 8 || EAJA fees, expenses, and/or costs in connection 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 Plaintiff’s counsel, Homeless Action 17 || Center, pursuant to the assignment executed by Mr. Korff (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: July 16, 2025. SIA, 4) 74 / LAA-yZ b MAX HARRIS Attorney for Plaintiff MARK KORFF 25 26 27 Date: July 16, 2025 PATRICK D. ROBBINS
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l United States Attorney ° By: = /s/ Ryan Lu 3 Ryan Lu Special Assistant United States Attorney 4 * by email authorization 07/16/2025 ° Attorneys for Defendant 6 7 || Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 8 || Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAJA 9 ||in the amount of nine thousand four hundred dollars ($9,400.00), as authorized by 28 U.S.C. 10 || 1920, 2412(d), subject to the terms of the above-referenced Stipulation. 11 12 13 14 ||Dated: = 7/17/2025 15 THE HONORABLE Haywood S. Gilliatf¥ Jr. 16 United States District Court Judge 17 18 19 20 21 22 23 24 25 26 27 28
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i } / \ West Oakland Office Berkeley Office Oakland Office □□□ 2601 San Pablo Ave | 3126 Shattuck Ave 1432 Franklin St Oakland CA 94612 | Berkeley CA 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 §10-836-7690 fax
FEE AGREEMENT AND ASSIGNMENT OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT 1, Mark Korff, xxx-xx-4296, hereby retain the Homeless Action Center to represent me in federal court review of my SSI/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 Secupjty Act. ‘ / wot A A , 4 } : 4G / L/|/ af =| / ly 3 ly, Vv lA. 47) part? lien 7 Attorney Fry 4) i Ii / 10/14/2024 Date ~ | Date
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