Kemp v. Commissioner Social Security Administration

Opinion

1 HARVEY P. SACKETT (72488) 2 AND ASSOCIATES 4 548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 Telephone: (408) 295-7755 Facsimile: (408) 295-7444 © || Email: hps@sackettlaw.com 7 Attorney for Plaintiff Pro Hac Vice 8 HPS/as ) JUANITA E. KEMP, ) Case No.: 6:22-cv-00461-HL ) Plaintiff, ) STIPULATION AND ORDER FOR THE AWARD AND PAYMENT V. ) OF ATTORNEY FEES ) | PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 KILOLO KUAKAZI, ) U.S.C. §2412(d) Acting Commissioner of Social Security, Defendant. —) On April 14, 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 for 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 FIVE THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS AND THIRTY-THREE CENTS ($5,182.33) in attorney fees under the Equal Access to Justice 96 Act (EAJA), 28 U.S.C. § 2412), is reasonable. This award is without prejudice to □□□□□□□□□□ □ KETT STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES treet, Suite 38822. | PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

1 right to seek attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. § 2 406(b), subject to the offset provisions of the EAJA. However, this award shall constitute a 3 complete release from and bar to any claims Plaintiff may have relating to EAJA fees and 4 ! costs. Further, such award shall not be used as precedent in any future cases, nor be construed 5 las a concession by the Commissioner that the original administrative decision denying benefits 6 to Plaintiff was not substantially justified. 7 After the Court issues an order for EAJA fees to Plaintiff, the Government will 8 consider the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). 9 Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an 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 is entered, the Government will determine whether they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered and made payable to Counsel. Accordingly, Defendant agrees to pay Plaintiff $5,182.33 in attorney’s fees. All parties whose signature lines appear in this document have consented to its filing. This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. ° LAW STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES Street, Suite 38822 |! DURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

1 ) Dated: June 29, 2023 SACKETT AND ASSOCIATES 2 By: /s/ HARVEY P. SACKETT Attorney for Plaintiff Pro Hac Vice 5 6 Dated: June 29, 2023 NATALIE K. WIGHT United States Attorney 7 By: /s/MICHAEL J. MULLEN 9 Special Assistant United States Attorney Attorney for Defendant [*As authorized by email on 6/29/23] ORDER Pursuant to the stipulation, IT IS SO ORDERED. (S\N Dated: June 30, 2023 HON. ANDREW HALLMAN 6 United States Magistrate Judge ° LAW CORP. STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES treet, Suite 38822. | PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)