(SS) Verdun v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER FOR THE AWARD OF ATTORNEY FEES signed by Magistrate Judge Deborah Barnes on 11/17/2022 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500).(Mena-Sanchez, L)

1
2
3
4

SHELLIE LOTT, SBN: 246202
Lott Law Offices, A Professional Law Corporation
5250 Claremont Avenue, Suite 241
Stockton, California 95207
Telephone: [phone]
Facsimile: [phone]

5
6

Attorney for Plaintiff
UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13
14
15
16

NICOLE M. VERDUN,

No. 2:22-cv-0345 DB

Plaintiff,
vs.
KILOLO KAJIKAZI,
Acting Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

17
18
19
20
21
22
23
24
25
26
27
28

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 THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500). This
amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by
counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412, 1920.
After the Court issues an order for EAJA fees to Plaintiff, the government will consider
the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v.
Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the
fees are subject to any offset allowed under the United States Department of the Treasury's

2:22-CV-00345-DB

STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

PAGE 1

1

Offset Program. After the order for EAJA fees is entered, the government will determine

2

whether they are subject to any offset.

3
4
5

Fees shall be made payable to Plaintiff, but if the Department of the Treasury
determines that Plaintiff does not owe a federal debt, then the government shall cause the

6

payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the

7

assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

8
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
Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a

12

complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel,

13

including the Lott Law Offices, may have relating to EAJA attorney fees and expenses in

14
15
16
17

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 savings clause of the EAJA.

18
19
20
21

Respectfully submitted,
Dated: November 16, 2022

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

Date: November 16, 2022

27
28

2:22-CV-00345-DB

/s/ Mary Tsai
(As authorized via email on 11/09/22)
MARY TSAI
Special Assistant United States Attorney

STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

PAGE 2

1

ORDER

2

Pursuant to the parties’ stipulation, IT IS SO ORDERED.

3

DATE: November 17, 2022

4

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2:22-CV-00345-DB

STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

PAGE 3