Palafox v. Saul

Opinion

ISMAIL J. RAMSEY United States Attorney Associate General Counsel Office of Program Litigation – 7 Social Security Administration TIMOTHY R. BOLIN, SBN 259511 Special Assistant United States Attorney Social Security Administration Office of the General Counsel Office of Program Litigation – 7 6401 Security Blvd Baltimore, MD 21235 Telephone: 510-970-4806 Facsimile: 415-744-0134 E-mail: timothy.bolin@ssa.gov Attorneys for Defendant NORTHERN DISTRICT OF CALIFORNIA ) Case no. 4:20-cv-07944-HSG JOSEPHINE PALAFOX, ) ) Plaintiff, ) JOINT STIPULATION FOR THE AWARD ) AND PAYMENT OF ATTORNEY FEES v. ) AND EXPENSES PURSUANT TO THE ) EQUAL ACCESS TO JUSTICE ACT, ) 28 U.S.C. § 2412(d); ORDER Acting Commissioner of Social Security, ) ) Defendant. 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 and expenses in the amount of $7,500 (SEVEN THOUSAND FIVE 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. § 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 (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 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 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses, and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to counsel. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, not 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 counsel’s firm, may have relating to EAJA attorney fees in connection with this action. //// //// //// //// //// //// //// //// //// //// //// //// //// ] This award is without prejudice to the rights of counsel and/or counsel’s firm to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. Respectfully submitted, Date: November 15, 2023 /s/ Katherine Rose Siegfried KATHERINE ROSE SIEGFRIED g Attorney for Plaintiff United States Attorney PETER K. THOMPSON Acting Regional Chief Counsel, Region IX Social Security Administration

/s/ Timothy R. Bolin TIMOTHY R. BOLIN Special Assistant United States Attorney Attorneys for Defendant Pursuant to the foregoing stipulation, THE COURT ORDERS Defendant to award Plaintiff attorney fees and expenses in the amount of $7,500 (SEVEN THOUSAND FIVE HUNDRED dollars) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 94 Date: 11/16/2023 Ale Gwar f Ld, | | HON. HAYWOOD S. GILLIAM, JR. ° United States District Judge