(SS) Metzger v. Commissioner of Social Security

E.D. California

(SS) Metzger v. Commissioner of Social Security

District Court, E.D. California·Decided April 28, 2025·No. 2:24-cv-02639·Unknown

Opinion

Acting United States Attorney 2 MATHEW W. PILE, WSBA 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 4 MICHELLE A. PAVELEK, CSBN 300642 Special Assistant United States Attorney 5 Social Security Administration 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 970-4862 8 Facsimile: (415) 744-0134 9 Michelle.A.Pavelek@ssa.gov Attorneys for Defendant 10 11 Sherianne Laba (SBN: 204247) Osterhout Berger Disability Law LLC 12 521 Cedar Way, Suite 200 13 Oakmont, PA 15139 Phone: (412) 794-8003 14 Fax: (412) 794-8050 15 Email: slaba@obl.law Attorney for Plaintiff 16

19 AMANDA RACHELLE Case No. 2:24-cv-02639-CSK STIPULATION AND [PROPOSED] 21 Plaintiff, ORDER FOR THE AWARD OF 22 ATTORNEY FEES UNDER THE EQUAL v. ACCESS TO JUSTICE ACT (EAJA) 23 28 U.S.C. § 2412(d) SECURITY, 25 26 Defendant. TO THE HONORABLE CHI SOO KIM, MAGISTRATE JUDGE OF THE 27 UNITED STATES DISTRICT COURT: 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of NINE THOUSAND, 3 FIVE HUNDRED DOLLARS and 00/100 ($9,500.00) under the Equal Access to Justice 4 Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 5 6 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 7 accordance with 28 U.S.C. § 2412(d). Plaintiff attests her net worth did not exceed 8 9 $2,000,000.00 at the time of the filing of this civil action and does not at the present. 10 After the Court issues an order for EAJA fees to Plaintiff, the government will 11 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue 12 13 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor 14 the assignment will depend on whether the fees are subject to any offset allowed under 15 the United States Department of the Treasury’s Offset Program. After the order for EAJA 16 17 fees is entered, the government will determine whether they are subject to any offset. 18 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 19 determines that Plaintiff does not owe a federal debt, then the government shall cause the 20 21 payment of fees, expenses and costs to be made directly to counsel, pursuant to the 22 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 23 counsel, Sherianne Laba, at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. 24 25 This stipulation constitutes a compromise settlement of Plaintiff’s request for 26 EAJA fees and does not constitute an admission of liability on the part of Defendant 27 under the EAJA. Payment of NINE THOUSAND, FIVE HUNDRED DOLLARS and 1 00/100 ($9,500.00) in EAJA attorney fees shall constitute a complete release from, and 2 bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Sherianne Laba, may have 3 relating to EAJA attorney fees in connection with this action. 4 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 5 6 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 7 provisions of the EAJA. 8 9 Respectfully submitted, 10

11 Dated: April 25, 2025 /s/ Sherianne Laba Attorney for Plaintiff 13 14 Dated: April 25, 2025 PHILLIP A. TALBERT Acting United States Attorney 15 PETER K. THOMPSON 16 Acting Regional Chief Counsel, Region IX Social Security Administration 17

18 By: /s/ Michelle A. Pavelek* MICHELLE A. PAVELEK 19 Special Assistant U.S. Attorney 20 Attorneys for Defendant (*Permission to use electronic signature 21 obtained via email on April 25, 2025). 22

Based upon the parties’ Stipulation for the Award of Attorney Fees Under the 3 Equal Access to Justice Act (EAJA), IT IS SO ORDERED that fees and expenses in 4 the amount of $9,500.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the ° terms of the Stipulation. 6 Dated: April 28, 2025 Ann Spo _\L 9 CHI S00 KIM 10 UNITED STATES MAGISTRATE JUDGE

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Acting United States Attorney 2 MATHEW W. PILE, WSBA 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 4 MICHELLE A. PAVELEK, CSBN 300642 Special Assistant United States Attorney 5 Social Security Administration 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 970-4862 8 Facsimile: (415) 744-0134 9 Michelle.A.Pavelek@ssa.gov Attorneys for Defendant 10 11 Sherianne Laba (SBN: 204247) Osterhout Berger Disability Law LLC 12 521 Cedar Way, Suite 200 13 Oakmont, PA 15139 Phone: (412) 794-8003 14 Fax: (412) 794-8050 15 Email: slaba@obl.law Attorney for Plaintiff 16

19 AMANDA RACHELLE Case No. 2:24-cv-02639-CSK STIPULATION AND [PROPOSED] 21 Plaintiff, ORDER FOR THE AWARD OF 22 ATTORNEY FEES UNDER THE EQUAL v. ACCESS TO JUSTICE ACT (EAJA) 23 28 U.S.C. § 2412(d) SECURITY, 25 26 Defendant. TO THE HONORABLE CHI SOO KIM, MAGISTRATE JUDGE OF THE 27 UNITED STATES DISTRICT COURT: 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of NINE THOUSAND, 3 FIVE HUNDRED DOLLARS and 00/100 ($9,500.00) under the Equal Access to Justice 4 Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 5 6 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 7 accordance with 28 U.S.C. § 2412(d). Plaintiff attests her net worth did not exceed 8 9 $2,000,000.00 at the time of the filing of this civil action and does not at the present. 10 After the Court issues an order for EAJA fees to Plaintiff, the government will 11 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue 12 13 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor 14 the assignment will depend on whether the fees are subject to any offset allowed under 15 the United States Department of the Treasury’s Offset Program. After the order for EAJA 16 17 fees is entered, the government will determine whether they are subject to any offset. 18 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 19 determines that Plaintiff does not owe a federal debt, then the government shall cause the 20 21 payment of fees, expenses and costs to be made directly to counsel, pursuant to the 22 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 23 counsel, Sherianne Laba, at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. 24 25 This stipulation constitutes a compromise settlement of Plaintiff’s request for 26 EAJA fees and does not constitute an admission of liability on the part of Defendant 27 under the EAJA. Payment of NINE THOUSAND, FIVE HUNDRED DOLLARS and 1 00/100 ($9,500.00) in EAJA attorney fees shall constitute a complete release from, and 2 bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Sherianne Laba, may have 3 relating to EAJA attorney fees in connection with this action. 4 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 5 6 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 7 provisions of the EAJA. 8 9 Respectfully submitted, 10

11 Dated: April 25, 2025 /s/ Sherianne Laba Attorney for Plaintiff 13 14 Dated: April 25, 2025 PHILLIP A. TALBERT Acting United States Attorney 15 PETER K. THOMPSON 16 Acting Regional Chief Counsel, Region IX Social Security Administration 17

18 By: /s/ Michelle A. Pavelek* MICHELLE A. PAVELEK 19 Special Assistant U.S. Attorney 20 Attorneys for Defendant (*Permission to use electronic signature 21 obtained via email on April 25, 2025). 22

Based upon the parties’ Stipulation for the Award of Attorney Fees Under the 3 Equal Access to Justice Act (EAJA), IT IS SO ORDERED that fees and expenses in 4 the amount of $9,500.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the ° terms of the Stipulation. 6 Dated: April 28, 2025 Ann Spo _\L 9 CHI S00 KIM 10 UNITED STATES MAGISTRATE JUDGE

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(SS) Metzger v. Commissioner of Social Security, (E.D. Cal. 2025).

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