(SS) Hobbs v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 5/5/22 ORDERING that attorney fees under EAJA, in the amount of TWO-THOUSAND TWO-HUNDRED SIXTY-ONE dollars and SEVENTY-TWO cents ($2,261.72), are awarded to Plaintiff, subject to the terms of the stipulation. (Kaminski, H)

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1 2 3 4 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 5250 Claremont Avenue, Suite 241 Stockton, California 95207 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH 10 Case No.: 2:20-cv-02323-AC SARAH L. HOBBS, 11 Plaintiff, 12 13 14 vs. KILOLO KAJIKAZI, Acting Commissioner of Social Security, STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 15 16 Defendant 17 18 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the EAJA in the amount of TWO-THOUSAND TWO-HUNDRED SIXTY-ONE dollars and 21 22 SEVENTY-TWO cents ($2,261.72). This amount represents compensation for all legal services 23 rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 24 accordance with 28 U.S.C. § 2412. 25 26 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 27 28 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D) 2:20-CV-02323-AC PAGE 1 1 assignment will depend on whether the fees and expenses are subject to any offset allowed under 2 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 3 and expenses is entered, the government will determine whether they are subject to any offset. 4 5 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause the 7 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 9 10 11 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of 12 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 13 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 14 15 16 17 EAJA attorney fees and expenses in connection with this action. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 18 19 20 Respectfully submitted, Dated: May 5, 2022 21 22 PHILLIP A. TALBERT Acting United States Attorney PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 23 24 25 26 /s/ Shellie Lott SHELLIE LOTT Attorney for Plaintiff Dated: May 5, 2022 27 28 /s/ Marcello Illarmo (As authorized via email on 5/5/22) MARCELLO ILLARMO Special Assistant United States Attorney STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D) 2:20-CV-02323-AC PAGE 2 1 2 3 4 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 5250 Claremont Avenue, Suite 241 Stockton, California 95207 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH 10 Case No.: 2:20-cv-02323-AC SARAH L. HOBBS, 11 Plaintiff, 12 13 14 vs. KILOLO KAJIKAZI, Acting Commissioner of Social Security, ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 15 16 Defendant 17 18 19 20 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees under EAJA, in the amount of TWO-THOUSAND TWO-HUNDRED SIXTY-ONE dollars and SEVENTY-TWO cents ($2,261.72), are awarded to Plaintiff, subject to the terms of the 21 22 23 stipulation. IT IS SO ORDERED. 24 25 Dated: May 5, 2022 26 27 28 STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D) 2:20-CV-02323-AC PAGE 3

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