(SS) Cross v. Commissioner of Social Security

• Court: District Court, E.D. California
• Decided: February 3, 2025
• Docket: 1:24-cv-00858
• Status: Unknown

Opinion

1 Melissa Newel (CA #148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 ADAM J. CROSS

6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 Social Security Administration MARCELO ILLARMO (MA #670079) 10 Special Assistant United States Attorney 11 Office of the General Counsel Social Security Administration 12 6401 Security Boulevard Baltimore, MD 21235-6401 13 (510) 970-4822 Marcelo.Illarmo@ssa.gov 14 Attorneys for Defendant 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 ADAM J. CROSS, No. 1:24-CV-00858 (GSA) 19 Plaintiff,

20 v. STIPULATION AND ORDER FOR AWARD AND PAYMENT OF 21 COMMISSIONER OF ATTORNEYS FEES PURSUANT TO THE SOCIAL SECURITY, EQUAL ACCESS TO JUSTICE ACT (28 22 U.S.C. §2412(d)) Defendant. 23

28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Adam J. Cross (“Plaintiff”) be awarded 3 attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the 4 amount of five thousand six hundred and ninety-nine dollars and sixty-five cents ($5,699.65). 5 This represents compensation for legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel by electronic transfer or by check. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 24 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA.

25 Respectfully submitted, 26 Dated: January 30, 2025 NEWEL LAW 27

28 1 By: Melissa Newel Melissa Newel 2 Attorney for Plaintiff 3 ADAM J. CROSS

4 Dated: January 30, 2025 PHILLIP A. TALBERT 5 United States Attorney MATHEW W. PILE 6 Associate General Counsel 7 Office of Program Litigation, Office 7 Social Security Administration 8 By: Marcelo Illarmo* 9 MARCELO ILLARMO 10 (*Authorized by email dated 01/30/2025) Special Assistant U.S. Attorney 11 Attorneys for Defendant

13 ORDER 14 IT IS ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d), 15 attorney fees in the amount of five thousand six hundred and ninety-nine dollars and sixty- 16 17 five cents ($5,699.65) be awarded subject to the terms of the Stipulation. 18 19 IT IS SO ORDERED. 20 Dated: January 31, 2025 /s/ Gary S. Austin 21 UNITED STATES MAGISTRATE JUDGE 22

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