(SS) Macias v. Commissioner of Social Security

Opinion

United States Attorney 2 MATHEW W. PILE, WSBA No. 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 4 Social Security Administration MARCELO ILLARMO (MABN 670079) 5 Special Assistant United States Attorney Office of the General Counsel 6 Social Security Administration 7 6401 Security Boulevard Baltimore, Maryland 21235 8 Telephone: (510) 970-4822 Email: Marcelo.Illarmo@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT

12 LORENA MACIAS, ) Case No. 1:22-cv-01283-JLT-SKO ) 13 Plaintiff ) STIPULATION AND UNOPPOSED 14 ) MOTION FOR AWARD OF ATTORNEY’S v. ) FEES UNDER THE EQUAL ACCESS TO 15 ) JUSTICE ACT (EAJA); ORDER COMMISSIONER OF SOCIAL SECURITY,) 16 ) (Doc. 24) 17 ) Defendant ) 18 ) ____________________________________ ) 19

20 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 21 subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of fifteen 22 thousand dollars ($15,000.00) and costs in the amount of four hundred and two dollars ($402.00) 23 under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on 24 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 25 1920; 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 27 matter of any assignment of EAJA fees by Plaintiff to her counsel Raquel M. Busani (Counsel). 28 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to 1 honor the assignment will depend on whether the fees are subject to any offset allowed under the 2 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. 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 an assignment executed by Plaintiff. Any 6 payments made shall be delivered to Counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 8 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 9 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 10 and all claims that Plaintiff and/or Counsel, including her firm, may have relating to EAJA attorney fees in connection with this action. 11 This award is without prejudice to the rights of Counsel to seek Social Security Act attorney 12 fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 13

15 Respectfully submitted,

16 Dated: April 19, 2024

17 By: /s/ Raquel M. Busani * *By email authorization on 4/17/24 19 Attorney for Plaintiff

21 Dated: April 19, 2024 PHILLIP A. TALBERT United States Attorney 22 By: /s/ Marcelo Illarmo 23 MARCELO ILLARMO 24 Special Assistant United States Attorney

28 2 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the Award and 3 Payment of Equal Access to Justice Act Fees, Costs, and Expenses (Doc. 24), IT IS ORDERED that 4 fees and expenses in the amount of $15,000.00 as authorized by 28 U.S.C. § 2412, and costs in the amount of $402.00 as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the 5 Stipulation. 6

7 IT IS SO ORDERED. 8 9 Dated: April 22, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28