(SS) Goodwill v. Commissioner of Social Security

Opinion

9 UNITED STATES DISTRICT COURT FRESNO DIVISION 11

12 NANCY ANN GOODWILL, Case No. 1:22-cv-01017-EPG

13 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 14 v. EXPENSES PURSUANT TO THE EQUAL 15 ACCESS TO JUSTICE ACT; ORDER KILOLO KIJAKAZI, Acting 16 Commissioner of Social Security, (ECF No. 25)

17 Defendant. 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 19 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 20 of SEVEN THOUSAND DOLLARS AND 00/100 ($7,000.00) under the Equal Access to Justice Act 21 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. 22 §1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by 23 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 25 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 26 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 27 whether the fees are subject to any offset allowed under the United States Department of the 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 5 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 6 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 7 Plaintiff’s net worth did not exceed $2,000,000.00 when this action was filed. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 9 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 10 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 11 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 12 attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 14 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 16 Respectfully submitted, 17

18 Dated: August 28, 2023 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 19 Attorney for Plaintiff 20 Dated: August 28, 2023 PHILLIP A. TALBERT 21 United States Attorney Associate General Counsel 23 Office of Program Litigation Social Security Administration 24

25 By: _*_Edmund J. Darcher Edmund J. Darcher 26 Special Assistant U.S. Attorney Attorneys for Defendant 27 (*Permission to use electronic signature obtained via email on August 28, 2023). 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees and Expenses (ECF No. 25), IT IS ORDERED that fees and expenses in the amount of SEVEN 4 || THOUSAND DOLLARS AND 00/100 ($7,000.00) as authorized by the Equal Access to Justice Act 5 (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. §1920 6 be awarded subject to the terms of the stipulation. Given the parties’ stipulation, the Clerk of Court is 7 directed to terminate Plaintiff's motion for attorney fees (ECF Nos. 20, 21). 8 I rr Is SO ORDERED. 9 io | Dated: _August 29, 2023 [Jee hey UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-