(SS) Dolan v. Commissioner of Social Security

E.D. California

(SS) Dolan v. Commissioner of Social Security

DecidedApril 3, 2025

Docket2:24-cv-02005

StatusUnknown

This text of (SS) Dolan v. Commissioner of Social Security ((SS) Dolan v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(SS) Dolan v. Commissioner of Social Security, (E.D. Cal. 2025).

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Opinion

1 MICHELE BECKWITH Acting United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation, Office 7 MARGARET BRANICK-ABILLA (CABN 223600) 4 Special Assistant United States Attorney 5 Office of Program Litigation, Office 7 Office of the General Counsel 6 Social Security Administration 6401 Security Boulevard 7 Baltimore, MD 21235 8 Telephone: (510) 970-4809 Email: Margaret.Branick-Abilla@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 MITCHELL ALLEN DOLAN, Civil No. 2:24-cv-2005-TLN-CSK 14 Plaintiff, 15 STIPULATION FOR THE AWARD AND vs. PAYMENT OF ATTORNEY FEES PURSUANT 16 TO THE EQUAL ACCESS TO JUSTICE ACT, 17 COMMISSIONER OF SOCIAL SECURITY, 28 U.S.C. § 2412(d)

18 Defendant.

19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of SEVEN THOUSAND, SEVEN HUNDRED DOLLARS AND ZERO CENTS 23 ($7,700.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 24 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). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel Pierre Pierre Law, P.C. (Counsel). 27 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will 28 1 depend on whether the fees are subject to any offset allowed under the United States Department 2 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. 8 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 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 12 associates, may have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 Respectfully submitted, 16 Dated: April 3, 2021 PIERRE PIERRE LAW, P.C. 17

18 By: /s/ Nikhil Agharkar* NIKHIL AGHARKAR 19 Attorneys for Plaintiff [*As authorized by Eddy Pierre Pierre, Esq., via 20 email on April 3, 2021]

21 Dated: April 3, 2025 MICHELE BECKWITH 22 Acting United States Attorney MATHEW W. PILE 23 Associate General Counsel Office of Program Litigation, Office 7 24

25 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 26 Special Assistant United States Attorney Attorneys for Defendant 27

28 1 2 ORDER 3 Pursuant to stipulation, IT IS SO ORDERED. 4 6 || DATED: April 3, 2025 7 Troy L. Nun y Chief United States District Judge 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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

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1 MICHELE BECKWITH Acting United States Attorney 2 MATHEW W. PILE Associate General Counsel 3 Office of Program Litigation, Office 7 MARGARET BRANICK-ABILLA (CABN 223600) 4 Special Assistant United States Attorney 5 Office of Program Litigation, Office 7 Office of the General Counsel 6 Social Security Administration 6401 Security Boulevard 7 Baltimore, MD 21235 8 Telephone: (510) 970-4809 Email: Margaret.Branick-Abilla@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 MITCHELL ALLEN DOLAN, Civil No. 2:24-cv-2005-TLN-CSK 14 Plaintiff, 15 STIPULATION FOR THE AWARD AND vs. PAYMENT OF ATTORNEY FEES PURSUANT 16 TO THE EQUAL ACCESS TO JUSTICE ACT, 17 COMMISSIONER OF SOCIAL SECURITY, 28 U.S.C. § 2412(d)

18 Defendant.

19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of SEVEN THOUSAND, SEVEN HUNDRED DOLLARS AND ZERO CENTS 23 ($7,700.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 24 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). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel Pierre Pierre Law, P.C. (Counsel). 27 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will 28 1 depend on whether the fees are subject to any offset allowed under the United States Department 2 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. 8 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 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 12 associates, may have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 Respectfully submitted, 16 Dated: April 3, 2021 PIERRE PIERRE LAW, P.C. 17

18 By: /s/ Nikhil Agharkar* NIKHIL AGHARKAR 19 Attorneys for Plaintiff [*As authorized by Eddy Pierre Pierre, Esq., via 20 email on April 3, 2021]

21 Dated: April 3, 2025 MICHELE BECKWITH 22 Acting United States Attorney MATHEW W. PILE 23 Associate General Counsel Office of Program Litigation, Office 7 24

25 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 26 Special Assistant United States Attorney Attorneys for Defendant 27

28 1 2 ORDER 3 Pursuant to stipulation, IT IS SO ORDERED. 4 6 || DATED: April 3, 2025 7 Troy L. Nun y Chief United States District Judge 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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

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