(SS) Seibel v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/6/2024 AWARDING the Plaintiff Fees and Expenses in the amount of $4,158.54 and DENYING 22 Motion for Attorney Fees as moot. (Woodson, A)

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1 2 3 4 5 6 7 8 9 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE, WSBA No. 32245 Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration MARCELO ILLARMO (MABN 670079) Special Assistant United States Attorney Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, Maryland 21235 Telephone: (510) 970-4822 Email: Marcelo.Illarmo@ssa.gov Attorneys for Defendant 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 SCOTT C. SEIBEL, ) ) Plaintiff ) ) v. ) ) COMMISSIONER OF SOCIAL SECURITY,) ) ) Defendant ) ) ____________________________________ ) Case No. 2:23-cv-00867-AC STIPULATION AND PROPOSED ORDER FOR AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff shall commissioner be awarded attorney’s fees and expenses under the Equal Access to Justice Act (EAJA), 28 23 U.S.C. sec. 2412(d), in the amount of four thousand one hundred fifty-eight dollars and fifty-four 24 cents ($4,158.54) and no costs under 28 U.S.C. § 1920. This amount represents compensation for all 25 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 26 accordance with 28 U.S.C. §§ 1920; 2412(d). Accordingly, should this Court award fees and 27 expenses under EAJA pursuant to this stipulation, Plaintiff’s motion for attorney fees (ECF 22) 28 would be moot. Stip. and Prop. Order for Fees E.D. Cal. 2:23-cv-00867-AC 1 2 3 4 5 6 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of any assignment of EAJA fees by Plaintiff to his counsel Jesse Kaplan (Counsel). Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (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 Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 7 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 8 and costs to be made directly to Counsel pursuant to an assignment executed by Plaintiff. Any 9 payments made shall be delivered to Counsel. 10 11 12 13 14 15 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, 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 complete release from, and bar to, any and all claims that Plaintiff and/or Counsel, including his firm, may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA . 16 17 Respectfully submitted, 18 19 Dated: February 6, 2024 By: 20 21 22 /s/ Jesse Kaplan* JESSE KAPLAN *By email authorization on 2/6/24 Attorney for Plaintiff 23 24 Dated: February 6, 2024 25 PHILLIP A. TALBERT United States Attorney By: 26 27 /s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney 28 Stip. and Prop. Order for Fees E.D. Cal. 2:23-cv-00867-AC 1 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 2 Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount of $4,158.54 as 3 authorized by 28 U.S.C. § 2412, and no costs as authorized by 28 U.S.C. § 1920, be awarded subject 4 to the terms of the Stipulation. Furthermore, Plaintiff’s motion for attorney fees (ECF 22) is denied 5 as moot. 6 7 DATED: February 6, 2024 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. and Prop. Order for Fees E.D. Cal. 2:23-cv-00867-AC

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