(SS) Medina v. Commissioner of Social Security

Opinion

FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPHINA ANN MEDINA Case No. 1:21-CV-00566-AWI-GSA

Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE v. EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) Acting Commissioner of So cial Security,

Defendant. TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that Plaintiff be awarded attorney fees in the amount of SIX HUNDRED, SEVENTY FOUR DOLLARS and 37/100 ($674.37) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of FOUR HUNDRED, TWO DOLLARS ($402.00), to be paid separately from the Judgment Fund. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of 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 Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Meghan O. Lambert at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. 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. Payment of SIX HUNDRED, SEVENTY FOUR DOLLARS and 37/100 ($674.37) in EAJA attorney fees and FOUR HUNDRED, TWO DOLLARS ($402.00) in costs to be paid separately from the Judgment Fund. These payments shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Meghan O. Lambert, may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

Respectfully submitted,

Dated: May 13, 2022 /s/ Meghan O. Lambert M EGHAN O. LAMBERT Attorney for Plaintiff Dated: May 13, 2022 PHILLIP A. TALBERT Acting United States Attorney PETER K. THOMPSON Acting Regional Chief Counsel, Region IX Social Security Administration

By: /s/ Patrick Snyder* PATRICK SNYDER Special Assistant United States Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on May 13, 2022).

Dated: May 16, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE