(SS) Santos v. Commissioner of Social Security
(SS) Santos v. Commissioner of Social Security
Trial Court Opinion
1 LKaAwT OHfEfRicIeN oEf KSIaEthGeFriRneIE SDie, gCfrAieSdB, NEs 2q5. 0558 2 1300 Clay St, Ste 600 Oakland, California 94612 3 Phone: (510) 465-0016 4 Fax: (510) 217-3979 [email protected] 5 Attorney for Plaintiff UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 SACRAMENTO DIVISION
8 ) CASE NO. 2:25-cv-00930-DC-DMC DONICA SANTOS ) 9 ) STIPULATION AND ORDER Plaintiff, ) APPROVING SETTLEMENT OF 10 ) ATTORNEY FEES PURSUANT TO vs. ) THE EQUAL ACCESS TO JUSTICE 11 ) ACT Commissioner Of Social Security, ) 12 ) Defendant. ) 13 ) ) 15
15 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 16 subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to 17 Justice Act (EAJA),
28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND DOLLARS ($5,000). 18 This amount represents compensation for all legal services rendered on behalf of Plaintiff by Plaintiff’s 19 counsel, Katherine R. Siegfried (Plaintiff’s Attorney), in connection with this civil action, in accordance 20 with
28 U.S.C. §§ 1920, 2412(d). Plaintiff was the prevailing party in this matter and their net worth is 21 less than two million dollars. See, ECF Doc. 2. After the Court issues an order for EAJA fees to the 22 Plaintiff, the government will consider the matter of the Plaintiff's assignment of EAJA fees to the 23 Plaintiff's Attorney. 24 Under Astrue v. Ratliff,
130 S. Ct. 2521, 2528-29(2010), EAJA fees awarded by this Court 25 belong to the Plaintiff and are subject to offset under the Treasury Offset Program (
31 U.S.C. § 263716(c)(3)(B) (2006)). Any EAJA fees should, therefore, be awarded to Plaintiff and not to Plaintiff’s 27 attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff 28 STIPULATION 1 2:25-cv-00930-DC-DMC 1 has assigned their right to EAJA fees to their attorney; (2) determines that Plaintiff does not owe a debt 2 that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of 3 the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney. However, if 4 there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the 5 requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a 6 check or electronic fund transfer (EFT) made out to Plaintiff but delivered to Plaintiff’s attorney. 7 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees 8 and expenses. It does not constitute an admission of liability on the part of Defendant under the EAJA or 9 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, all claims 10 that Plaintiff and/or Plaintiff’s Attorney, including the Law Office of Katherine Siegfried, may have 11 concerning EAJA attorney fees and expenses in connection with this action. This award is without 12 prejudice to the rights of the Law Office of Katherine Siegfried to seek Social Security Act attorney fees 13 under
42 U.S.C. § 406, subject to the savings provisions of the EAJA. 15 15 Date: August 12, 2025 KATHERINE SIEGFRIED 16 Law Office of Katherine Siegfried, Esq. 17 By: /s/Katherine Siegfried Katherine Siegfried 18 Attorney for the Plaintiff
19 Date: August 12, 2025 MICHELE BECKWITH 20 Acting United States Attorney MATHEW W. PILE 21 Associate General Counsel Office of Program Litigation, Office 7 22 23 By: /s/ Michael James Mullen 24 Michael James Mullen Special Assistant United States Attorney 25 Attorney for Defendant (As authorized per email) 26
27
28 STIPULATION 2 2:25-cv-00930-DC-DMC 1 ORDER 2 PURSUANT TO STIPULATION, EQUAL ACCESS TO JUSTICE (EAJA) ATTORNEY FEES 3 || ARE ORDERED IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000), SUBJECT TO 4 ||} OFFSET UNDER THE TREASURY OFFSET PROGRAM, AND SHALL BE PAID IN THE 5 |} MANNER OUTLINED IN THE PARTIES’ STIPULATION. 6 IT IS SO ORDERED. 7 9 Dated: August 20, 2025 > 10 = = — 1 UNITED STATES MAGISTRATE JUDGE
12 13 15 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION 3 2:25-cv-00930-DC-DMC
Reference
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