(SS) Miller v Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/15/23 GRANTING 23 Stipulation for Attorney Fees and AWARDING $4,600.00 in attorney fees. (Licea Chavez, V)

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HARVEY P. SACKETT (72488)

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548 Market Street, Suite 38822
San Francisco, California 94104-5401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff

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HPS/as

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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TAYA J. MILLER,

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Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:22-cv-00798-JDP
STIPULATION AND [PROPOSED]
ORDER FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d)

On September 25, 2023, this Court issued an order reversing the final decision of the
Defendant, Kilolo Kijakazi, the Acting Commissioner of Social Security (Commissioner), with a
remand a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered.
In the interest of administrative and judicial economy, the parties have agreed to stipulate
that an award of FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS
($4,600.00) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),
is reasonable. This award is without prejudice to Plaintiff’s right to seek attorney’s fees under
section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of

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

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the EAJA. However, this award shall constitute a complete release from and bar to any claims

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Plaintiff may have relating to EAJA fees and costs. Further, such award shall not be used as

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precedent in any future cases, nor be construed as a concession by the Commissioner that the

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original administrative decision denying benefits to Plaintiff was not substantially justified.

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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 Harvey P. Sackett (“Counsel”). Pursuant to

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

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the fees are subject to any offset allowed under the United States Department of the Treasury’s

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Offset Program. After the order for EAJA is entered, the Government will determine whether

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they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of

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Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the

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payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered and made payable to

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Counsel.

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Accordingly, Defendant agrees to pay Plaintiff $4,600.00 in attorney’s fees.

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All parties whose signature lines appear in this document have consented to its filing.

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This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett

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to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause

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provisions of the EAJA.

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

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Dated: November 13, 2023

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SACKETT AND ASSOCIATES
By:

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Dated: November 15, 2023

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PHILLIP A. TALBERT
United States Attorney
By:

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/s/ HARVEY P. SACKETT
HARVEY P. SACKETT
Attorney for Plaintiff
TAYA J. MILLER

/s/NOAH SCHABACKER
NOAH SCHABACKER
Special Assistant United States Attorney
Attorney for Defendant
[*As authorized by email on 11/13/23]

ORDER
IT IS SO ORDERED.

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Dated:

November 15, 2023

JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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