(SS) Higbee v. Commissioner of Social Security

Opinion

1 || HARVEY P. SACKETT (72488) AND ASSOCIATES 4 ||548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 || Email: hps@sackettlaw.com 7 || Attorney for Plaintiff 8 || /as 1] SACRAMENTO DIVISION 12 || TERRENCE R. HIGBEE, ) Case No.: 2:24-cv-00347-SCR ) 13 Plaintiff, ) STIPULATION AND [PROPOSED] 14 ORDER FOR THE AWARD AND v. ) PAYMENT OF ATTORNEY FEES 15 ) PURSUANT TO THE EQUAL COMMISSIONER OF SOCIAL SECURITY, ) ACCESS TO JUSTICE ACT, 28 □□□□□ 16 ) § 2412(d) 7 Defendant. i 19 20 On April 4, 2025, this Court issued an order reversing the final decision of the 1 Defendant, Leland Dudek, the Acting Commissioner of Social Security (Commissioner), with a 2 remand for further administrative proceedings, 42 U.S.C. § 405(g) (sentence four); judgment was 3 entered. 24 In the interest of administrative and judicial economy, the parties have agreed to stipulate 95 || that an award of FOUR THOUSAND FOUR HUNDRED SEVENTY-EIGHT DOLLARS AND %6 SIX CENTS ($4,478.06) in attorney fees under the Equal Access to Justice Act (EAJA), 28 27 28 KETT LAW CORP. STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

1 |lu.s.c. § 2412(d), is reasonable. This award is without prejudice to Plaintiff's right to seek 2 attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the 3 |) offset provisions of the EAJA. However, this award shall constitute a complete release from and 4 |! bar to any claims Plaintiff may have relating to EAJA fees and costs. Further, such award shall 5 || not be used as precedent in any future cases, nor be construed as a concession by the 6 |] Commissioner that the original administrative decision denying benefits to Plaintiff was not 7 substantially justified. 8 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 9 || the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 10 || Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether 11 || the fees are subject to any offset allowed under the United States Department of the Treasury’s 12 || Offset Program. After the order for EAJA is entered, the Government will determine whether 13 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 14 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 15 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 16 assignment executed by Plaintiff. Any payments made shall be delivered and made payable to 17 |! Counsel. 18 Accordingly, Defendant agrees to pay Plaintiff $4,478.06 in attorney’s fees. Defendant 19 || shall also reimburse Plaintiff $405.00 in costs for the filing fee to commence this action. 20 All parties whose signature lines appear in this document have consented to its filing. 21 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 22 || to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 23 provisions of the EAJA. 24 WN 25 /i/ WH/// 27 28 ° LAW CORP. STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

1 || Dated: April 30, 2025 SACKETT AND ASSOCIATES 2 By: /s/ HARVEY P. SACKETT Attorney for Plaintiff 5 6 Dated: May 14, 2025 MICHELLE M. BECKWITH United States Attorney 7 By: /s/MICHAEL J. MULLEN Special Assistant United States Attorney 9 Attorney for Defendant 10 [*As authorized by email on 4/30/25] 1] ORDER 12 3 Pursuant to the stipulation, IT IS SOQ ORDERED.

14 15 Dated: May 14, 2025

16 kmh 18 UNITED STATES MAGISTRATE JUDGE

19 20 21 22 23 24 25 26 27 28 KETT LAW CORP. STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 1] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)