In re Megan Ruskofsky-Zuccato v. Commissioner of Social Security

United States District Court for the Northern District of California

In re Megan Ruskofsky-Zuccato v. Commissioner of Social Security

Trial Court Opinion

1 || ANDREA MCEWEN, SBN 264494 Homeless Action Center 2 Dwight Way Berkeley, CA 94704 3 |/(510)} 698-1079 tel (510) 540-0403 fax 4 || [email protected] 5 6 || Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 In re Megan Ruskofsky-Zuccato, } 3:25-¢v-02757-LIC Plaintiff, ) STIPULATION TO PLAINTIFF'S 12 Vv. ) AWARD OF ATTORNEY’S FEES AND □ Le: } COSTS AND PROPOSED ORDER 13. || Commissioner of Social Security ) ) 14 Defendant. ) 15 } 16 17 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 18 ||counsel, subject to the approval of the court, that Plaintiffs counsel, as Plaintiff's assignee, be 19 || awarded attorney’s fees under the Equal Access to Justice Act (EAJA) in the amount of FOUR 20 || THOUSAND SEVEN HUNDRED EIGHTY-FOUR DOLLARS AND NINETY-SIX CENTS || ($4,784.96). This amount represents compensation for all legal services rendered on behalf of 22 || Plaintiff by counsel in connection with this civil action. 23 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 24 |j attorney fees, and does not constitute an admission of liability on the part of Defendant under 25 ||the EAJA. Payment of four thousand seven hundred eighty-four dollars and ninety-six cents 26 |! ($4,784.96) in EAJA attorney fees shall constitute a complete release from and bar to any and 27 || all claims Plaintiff may have relating to EAJA fees, expenses, and/or costs in connection with 28 || this action.

STIPULATION TO PLAINTIFF'S AWARD OF ATTORNEY'S FEES AND COSTS AND PROPOSER ORDER 3:25-0v-02757-LIC ]

I After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will 2 || consider the matter of Plaintiff's assignment of EAJA fees to Plaintiffs attorney. The ability 3 || to honor the assignment will depend on whether the fees are subject to any offset allowed 4 || under the United States Department of the Treasury’s Offset Program and the Commissioner 5 || will determine whether the fees are subject to an offset. See Astrue v. Ratliff,

560 U.S. 586

, 6 || 598 (2010). Any payment shall be made payable to Plaintiff, but if the Department of the 7 || Treasury determines that Plaintiff does not owe a Federal debt, then the Commissioner shall g || cause the payment of fees and costs.to be made directly to Plaintiff's counsel pursuant to the 9 || assignment executed by Ms. Ruskofsky-Zuccato (attached). 10 This award is without prejudice to the rights of Plaintiff's counsel to seek Social 11 || Security Act attomey fees under

42 U.S.C. § 406

(b), subject to the savings clause provisions of 12 || the EAJA. 13 14 || Dated November 18, 2025 Respectfully Submitted, 15 /s/ Andrea McEwen ANDREA MCEWEN 16 Attorney for MEGAN RUSKOFSKY-ZUCCATO 17 18 19 || Dated November 18, 2025 United States Attorney 20 Craig H. Missakian 21 By: /s/ Erin Highland * 22 ERIN HIGHLAND Special Assistant Umited States Attorney 23 * Concurrence obtained by email authorization in accordance with Civil Local Rule 5-1(i}{3) 24 05 Attorneys for Defendant

26 27 28

STIPULATION TO PLAINTIFF'S AWARD OF ATTORNEY'S FEES AND COSTS AND PROPQSEB ORDER 3:25-4v-402757-LIC

1 || Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 2 ||Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAIA 3 the amount of four thousand seven hundred eighty-four dollars and ninety-six cents 4 || ($4,784.96), as authorized by

28 U.S.C. §§ 1920

, 2412(d), subject to the terms of the above- 5 || referenced Stipulation. 6

& || Dated: November 21, 2025

le H ISA {. CISNEROS 10 Unit¢éd States District Judge

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14 15 16 17 18 19 20 2] 22 23 . 24 25 26 27 28 .

STIPULATION TO PLAINTIFT’S AWARD OF ATTORNEY'S FEES AND COSTS AND PROPOSEB- ORDER 3:25-0v412787-LIC 3

Reference

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