(SS) Doan v. Commissioner of Social Security

Opinion

Jennifer Anders-Gable, CSBN 285204 505 12th Street Sacramento, CA 95814 Telephone: (916) 551-2150 E-Mail: janders@lsnc.net Attorneys for Plaintiff

PHILLIP A. TALBERT United States Attorney MATHEW W. PILE, WSBA No. 32245 Associate General Counsel Social Security Administration ANDREA BANKS, CSBN 275286 Special Assistant United States Attorney Social Security Administration Office of the General Counsel 6401 Security Boulevard Baltimore, MD 21235 Telephone: (510) 970-4803 E-Mail: andrea.banks@ssa.gov Attorneys for Defendant

BILLIE DOAN, No. 2:22-cv-00084-JDP Plaintiff,

v. STIPULATION AND [PROPOSED] ORDER FOR AWARD OF ATTORNEYS KILOLO KIJAKAZI, FEES PURSUANT TO THE EQUAL ACTING COMMISSIONER OF ACCESS TO JUSTICE ACT SOCIAL SECURITY,

Defendant.

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, subject to the approval of the Court, that Billie Doan (“Plaintiff”) be awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of nineteen thousand and five hundred dollars ($19,500.00), and zero dollars in ($0) costs. This amount represents compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §2412 (d) and 28 U.S.C. §1920. 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 Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the attorney 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 subject to offset, then the government shall cause the payment of fees approved to be made payable to Plaintiff’s counsel, Legal Services of Northern California, pursuant to the assignment executed by Plaintiff. Payments may be made by check. Any and all payments made shall be delivered to Plaintiff’s counsel. 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 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in connection with this action. This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. // // // // 1} / Respectfully submitted, Dated: December 4, 2023 By: fer Anders-Gable JENNIFER ANDERS-GABLE Attorney(s) for Plaintiff Dated: December 1, 2023 PHILLIP A. TALBERT United States Attorney By: Andrea Banks (*Authorized by email dated 12/01/23) Attorneys for Defendant IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C.

§2412(d), attorney fees in the amount of nineteen thousand and five hundred dollars ($19,500.00), and zero dollars ($0) in costs, be awarded subject to the terms of the Stipulation. IT IS SO ORDERED. / Dated: __December 5, 2023 Q_—— JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE