(SS) Sandstrom v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2021 AWARDING without prejudice to the rights of Plaintiff's attorney to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. (Rodriguez, E)

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1 PHILLIP A. TALBERT Acting United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 3 Regional Chief Counsel, Region IX Social Security Administration 4 MARCELO ILLARMO (MABN 670079) 5 Special Assistant United States Attorney 160 Spear Street, Suite 800 6 San Francisco, California 94105 7 Tel: (415) 970-4822 Fax: (415) 744-0134 8 E-mail: Marcelo.Illarmo@ssa.gov 9 Attorneys for Defendant 10 Meghan O. Lambert, Esq. 11 Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 12 Oakmont, PA 15139 13 Phone: 412-794-8003 Meghan@mydisabilityattorney.com 14 CA Bar ID: 258040 15 Attorney for Plaintiff, Kris Brandy Sandstrom 16 17 18 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 19 KRIS BRANDY SANDSTROM, 20 Plaintiff, 21 v. 22 23 KILOLO KIJAKAZI, 24 Commissioner of Social Security, 25 26 Case No. 2:20-cv-1919-KJN STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920 Defendant. TO THE HONORABLE KENDALL J. NEWMAN MAGISTRATE JUDGE OF 27 THE UNITED STATES DISTRICT COURT: 28 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND, 3 TWO HUNDRED DOLLARS and 00/100 ($7,200.00) under the Equal Access to 4 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 5 amount represents compensation for all legal services rendered on behalf of Plaintiff by 6 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 7 After the Court issues an order for EAJA fees to Plaintiff, the government will 8 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 9 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 10 to honor the assignment will depend on whether the fees are subject to any offset 11 allowed under the United States Department of the Treasury’s Offset Program. After 12 the order for EAJA fees is entered, the government will determine whether they are 13 subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 15 16 determines that Plaintiff does not owe a federal debt, then the government shall cause 17 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 18 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 19 counsel, Meghan O. Lambert. 20 This stipulation constitutes a compromise settlement of Plaintiff’s request for 21 EAJA fees, and does not constitute an admission of liability on the part of Defendant 22 under the EAJA. Payment of SEVEN THOUSAND, TWO HUNDRED DOLLARS and 23 00/100 ($7,200.00) in EAJA attorney fees. These payments shall constitute a complete 24 release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, 25 Meghan O. Lambert, may have relating to EAJA attorney fees in connection with this 26 27 action. 28 -2- 1 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 3 provisions of the EAJA. 4 Respectfully submitted, 5 6 7 Dated: 11/16/2021 /s/ Meghan O. Lambert MEGHAN O. LAMBERT Attorney for Plaintiff Dated: 11/17/2021 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 8 9 10 11 12 13 By: /s/ Marcelo Illarmo * MARCELO ILLARMO Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on 11/17/2021). 14 15 16 17 18 19 SO ORDERED. 20 21 Dated: November 18, 2021 22 23 sand.1919 24 25 26 27 28 -3-

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