(SS) Kirk v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/29/2024 GRANTING 19 Stipulation and AWARDING Plaintiff $8,200.00 in attorney fees. (Murphy, J)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
JAMES KI, WSBN 42978
Special Assistant United States Attorney
Office of Program Litigation, Office 7
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
[e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON KIRK,
Plaintiff,
vs.
MARTIN O’MALLEY,
Commissioner of Social Security,

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Defendant.

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Case No.: 2:23-cv-01966-EFB
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d); ORDER

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 in the amount
$8,200.00 (EIGHT THOUSAND TWO HUNDRED dollars) under the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered
on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§
1920; 2412(d).
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 counsel, if any. Pursuant to Astrue v. Ratliff, 560
U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment will
depend on whether the fees are subject to any offset allowed under the United States Department of

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the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will

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determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

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Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses,

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and costs to be made directly to counsel, Francesco Benavides, pursuant to the assignment executed

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by Plaintiff.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney

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fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or

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otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or counsel including counsel’s firm may have relating to EAJA

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attorney fees or costs in connection with this action.

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This award is without prejudice to the rights of counsel and/or counsel’s firm to seek Social

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

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EAJA.

Respectfully submitted,

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Date: August 15, 2024

/s/ Francesco P. Benavides
FRANCESCO P. BENAVIDES
(as authorized by email)
Attorney for Plaintiff

Date: August 15, 2024

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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By:

/s/ James Ki
JAMES KI
Special Assistant United States Attorney
Social Security Administration
Attorneys for Defendant

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ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice

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Act Fees, IT IS ORDERED that fees in the amount of $8,200.00 as authorized by 28 U.S.C. § 2412,

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be awarded subject to the terms of the Stipulation.

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DATED: August 29, 2024

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