(SS) Hamm v. Commissioner of Social Security

Opinion

PHILLIP. A. TALBERT United States Attorney MATHEW W. PILE SBN WA 32245 Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration MARY TSAI, CA SBN 216963 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: 510-970-4864 Facsimile: (415) 744-0134 E-Mail: mary.tsai@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

JACK HAMM, ) CIVIL NO. 2:21-cv-00645-JDP ) Plaintiff, ) STIPULATION AND [PROPOSED] ORDER v. ) APPROVING SETTLEMENT ) OF ATTORNEY FEES UNDER KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE ACT Acting Commissioner of Social Security, ) [28 U.S.C. §2412(d)] ) Defendant. ) ) )

THE PARTIES STIPULATE through the undersigned, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of Six Thousand Five Hundred dollars ($6,500.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for all legal services rendered by counsel for Plaintiff in this civil action and in accordance with 28 U.S.C. §§ 1920, 2412(d). Upon the Court’s order for EAJA fees, Defendant will consider the assignment of those EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (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 Treasury Department determines Plaintiff owes no federal debt, then the government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by Plaintiff and will deliver the payment to said counsel. This Stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of this agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or his counsel, including counsel’s firm, may have regarding EAJA fees relating to this action. This award is without prejudice to Plaintiff’s counsel’s right to fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the Respectfully submitted this December 2, 2022.

DATED: December 2, 2022 /s/ Jesse S. Kaplan* (*as authorized via e-mail on December 2, 2022) Attorney for Plaintiff

DATED: December 2, 2022 PHILLIP. A. TALBERT United States Attorney Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration

By: /s/ Mary Tsai Special Assistant U.S. Attorney Attorneys for Defendant

PROPOSED} ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees (the “Stipulation”), IT IS ORDERED that fees in the amount of Six Thousand Five Hundred dollars ($6,500.00) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. Plaintiffs previously filed motion for EAJA fees (Dkt. 23) is denied as moot. ( 1 btw — i Dated: _ December 2, 2022 Q_——_ JEREMY D,. PETERSON UNITED STATES MAGISTRATE JUDGE

EAJA Stip.; 2:21-cv-00645-JDP