(SS) Martin v. Commissioner of Social Security

Opinion

1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 2 Carmichael, CA 95608 3 (916) 488-3030 (916) 489-9297 fax 4 Attorney for Plaintiff 5 LAMAN MARTIN 6

9 UNITED STATES DISTRICT COURT

10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 -o0O0o-

14 LAMAN MARTIN, ) No. 2:22-cv-0929-JDP ) 15 Plaintiff, ) ) STIPULATION AND 16 v. ) PROPOSED ORDER 17 ) APPROVING SETTLEMENT Martin O’Malley, ) OF ATTORNEY FEES UNDER 18 COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO SECURITY, ) JUSTICE ACT [28 U.S.C. 19 ) §2412(d)] 20 ) Defendant. ) 21 ____________________________________)

22 23 THE PARTIES STIPULATE through the undersigned, subject to the approval of the 24 Court, that plaintiff be awarded attorney fees in the amount of Fifteen Thousand Dollars 25 ($15,000.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no 26 award of costs. This will represent compensation for all legal services rendered by counsel for 27 28 1 plaintiff in this civil action, both in district court and the Court of Appeals, and in accordance 2 with that statute. 3 Under Astrue v. Ratliff, 130 S.Ct. 2521, 2528—29 (2010), EAJA fees awarded by this 4 Court belong to the plaintiff and are subject to offset under the Treasury Offset Program (31 5 6 U.S.C. §3716©(3)(B) (2006)). Any EAJA fees should therefore be awarded to plaintiff and not to 7 plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) 8 determines that plaintiff has assigned her right to EAJA fees to his attorney, (2) determines that 9 plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) 10 11 agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made 12 payable to plaintiff’s attorney, Jesse S. Kaplan. However, if there is a debt owed under the 13 Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti- 14 Assignment Act, and the remaining EAJA fees after offset will be paid by a check or electronic 15 fund transfer (EFT) made out to plaintiff but delivered to plaintiff’s attorney. 16 17 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees 18 and not an admission of liability of defendant under the EAJA. Payment of this agreed amount 19 shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees 20 relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 21 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 22 23 24 Dated: August 9, 2024 /s/ Jesse S. Kaplan 25 JESSE S. KAPLAN 26 Attorney for Plaintiff

27 28 Dated: August 12, 2024 /s/ per email authorization 1 SHEA L. BOND 5 Special Assistant U.S. Attorney Attorney for Defendant 3 4 5 6 4 8 9 ORDER GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that plaintiff is awarded attorney fees pursuant to the EAJA in accordance with this stipulation and

13 plaintiff’s motion for fees, ECF No. 31, is denied as moot. 14 IS SO ORDERED. 16 17 1!Dated: _ August 13, 2024 ssn {o\pae_—— JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28