(SS) Dolan v. Commissioner of Social Security

Opinion

Acting United States Attorney Associate General Counsel Office of Program Litigation, Office 7 MARGARET BRANICK-ABILLA (CABN 223600) 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: (510) 970-4809 Email: Margaret.Branick-Abilla@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MITCHELL ALLEN DOLAN, Civil No. 2:24-cv-2005-TLN-CSK Plaintiff, STIPULATION FOR THE AWARD AND vs. PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, COMMISSIONER OF SOCIAL SECURITY, 28 U.S.C. § 2412(d)

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 in the amount of SEVEN THOUSAND, SEVEN HUNDRED DOLLARS AND ZERO CENTS ($7,700.00) 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 Pierre Pierre Law, P.C. (Counsel). Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the 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 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, and does not constitute 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 law firm and associates, may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Counsel 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, Dated: April 3, 2021 PIERRE PIERRE LAW, P.C.

By: /s/ Nikhil Agharkar* NIKHIL AGHARKAR Attorneys for Plaintiff [*As authorized by Eddy Pierre Pierre, Esq., via email on April 3, 2021]

Dated: April 3, 2025 MICHELE BECKWITH Acting United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7

By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant

Pursuant to stipulation, IT IS SO ORDERED. DATED: April 3, 2025 Troy L. Nun y Chief United States District Judge

Stipulation; Order Page 3 Case No. 2:24-cv-2005-TLN-CSK