Breanna Monay Kim Turner v. Commissioner of Social Security

United States District Court for the Eastern District of California

Breanna Monay Kim Turner v. Commissioner of Social Security

Trial Court Opinion

1 MARGARET LEHRKIND SBCA # 314717 2 Lehrkind Law Office, P.C. 3 2625 Alcatraz Ave, # 208 Berkeley, CA 94705 4 Tel: 510-590-1907 [email protected] 5

6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 BREANNA MONAY KIM TURNER, CASE NO.: 2:25-cv-01797-CKD 10 Plaintiff, STIPULATION FOR THE AWARD AND 11 PAYMENT OF ATTORNEY FEES AND vs. COSTS PURUSANT TO THE EQUAL 12 ACCESS TO JUSTICE ACT; ORDER COMMISSIONER OF SOCIAL SECURITY, 13 14 Defendant

15 The parties, through their respective counsel, hereby agree that attorney fees in the 16 17 amount of $2,291.74 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act 18 (EAJA),

28 U.S.C. § 2412

, and costs of $405, pursuant to

28 U.S.C. § 1920

. Such attorney fees 19 shall be subject to verification that Plaintiff has no debt that qualifies for offset, pursuant to the 20 Treasury Offset Program as discussed in Astrue v. Ratliff,

130 S. Ct. 2521

(2010). 21 If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees are not 22 23 subject to any offset allowed under the Department of the Treasury’s Offset Program, then the 24 check or electronic funds transfer for EAJA fees shall be made payable to Plaintiff’s attorney, 25 Margaret Lehrkind, based upon Plaintiff’s assignment of these amounts to her. See Exhibit – 26 Retainer Agreement. If Plaintiff has a debt, then any remaining funds after offset shall be made 27 payable to Plaintiff and mailed to counsel’s address. 28 1 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 2 attorney fees and expenses and does not constitute an admission of liability on the part of 3 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 4 from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to 5 6 EAJA attorney fees and expenses in connection with this action. 7 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 8 Act attorney fees under

42 U.S.C. § 406

, subject to the offset provisions of the EAJA. 9

10 DATE: September 30, 2025 Respectfully submitted, 11 12 Lehrkind Law Office, P.C. 13 14 By: /s/ Margaret Lehrkind MARGARET LEHRKIND 15 Attorney for Plaintiff

16 DATE: September 30, 2025 By: /s/ Oscar Gonzalez de Llano* 17 OSCAR GONZALEZ DE LLANO *As authorized via email on 9/30/25 18 Special Assistant United States Attorney Attorney for Defendant 19

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24 25 26 27 28 1 ORDER 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 4 || Justice Act Fees and Expenses (the “Stipulation”), IT IS ORDERED that: > 1. The parties’ Stipulation for the Award and Payment of EAJA Fees (ECF No. 11) is 6 GRANTED: and 7 2. Fees and expenses in the amount of TWO THOUSAND TWO HUNDRED NINTEY 9 ONE dollars AND SEVENTY-FOUR cents ($2,291.74) as authorized by the Equal 10 Access to Justice Act (EAJA),

28 U.S.C. § 2412

(d), and FOUR HUNDRED AND FIVE dollars ($405.00), pursuant to

28 U.S.C. § 1920

be awarded subject to the terms 12 of the Stipulation. 13 14 Dated: October 2, 2025 4 cc eg

16 CAROLYN K. DELANEY 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28

Reference

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