(SS) Thao v. Commissioner of Social Security

Filing 16

ORDER re Stipulation and Unopposed 15 Motion for Award and Payment of Attorneys Fees Pursuant to Equal Access to Justice Act (28 U.S.C. §2412(d)), signed by Magistrate Judge Sheila K. Oberto on 11/25/2024. (Marrujo, C)

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Melissa Newel (CA SB# 148563)
NEWEL LAW
2625 Alcatraz Ave., Suite 132
Berkeley, CA 94705
[phone]
[e-mail]
Attorney for Plaintiff
POR THAO
PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE (WS SB# 32245)
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
JUSTIN L. MARTIN (MO SB# 62255)
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, MD 21235
[phone]
[e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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POR THAO,
Plaintiff,

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No. 1:24-cv-00968 (SKO)

v.
COMMISSIONER OF
SOCIAL SECURITY,

ORDER RE STIPULATION AND
UNOPPOSED MOTION FOR AWARD
AND PAYMENT OF ATTORNEYS FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT (28 U.S.C. §2412(d))

Defendant.
(Doc. 15)

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STIPULATION AND ORDER FOR AWARD AND PAYMENT
OF ATTORNEYS FEES PURSUANT TO EAJA

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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attorneys, subject to the approval of the Court, that Por Thao (“Plaintiff”) be awarded attorney

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fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of six

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hundred and eleven dollars and fifty-five cents ($611.55). This represents compensation for legal

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services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §2412 (d).

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After the Court issues an Order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the

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attorney fees are subject to any offset allowed under the United States Department of the

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Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will

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determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the

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payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively

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“Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments

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made shall be delivered to Plaintiff’s counsel, by check or by electronic transfer.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees and does not constitute an admission of liability on the part of Defendant under

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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

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and expenses in connection with this action.

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STIPULATION AND ORDER FOR AWARD AND PAYMENT
OF ATTORNEYS FEES PURSUANT TO EAJA

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security

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Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA.

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Respectfully submitted,

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Dated: November 22, 2024

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NEWEL LAW

By:

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Melissa Newel
Melissa Newel
Attorney for Plaintiff
POR THAO

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Dated: November 22, 2024

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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By:

Justin L. Martin*
JUSTIN L. MARTIN
(*Authorized by email dated 11/22/2024)
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C.

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§2412(d), attorney fees in the amount of six hundred and eleven dollars and fifty-five cents

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($611.55) be awarded subject to the terms of the Stipulation and Unopposed Motion (Doc. 15).

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IT IS SO ORDERED.
Dated:

November 25, 2024

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER FOR AWARD AND PAYMENT
OF ATTORNEYS FEES PURSUANT TO EAJA