(SS) Walker v. Commissioner of Social Security

Opinion

SBCA # 314717 2 Lehrkind Law Office, P.C. 3 2625 Alcatraz Ave, # 208 Berkeley, CA 94705 4 Tel: 510-590-1907 Margaret@LehrkindLawOffice.com 5

6 9 SARA WALKER, Case No.: 2:24-cv-01588-CSK 10 Plaintiff, 11 STIPULATION FOR THE AWARD AND vs. 12 PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL COMMISSIONER OF SOCIAL SECURITY, 13 ACCESS TO JUSTICE ACT; ORDER 14 Defendant

15 The parties, through their respective counsel, hereby agree that the position of the United 16 17 States in this matter was not substantially justified, and as such, attorney fees in the amount of 18 $2,000 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 19 2412 and costs of $0, pursuant to 28 U.S.C. § 1920. Such attorney fees shall be subject to 20 verification that Plaintiff has no debt which qualifies for offset, pursuant to the Treasury Offset 21 Program as discussed in Astrue v. Ratliff, 130 S. Ct. 2521 (2010). 22 23 If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees are not 24 subject to any offset allowed under the Department of the Treasury’s Offset Program, then the 25 check or electronic funds transfer for EAJA fees shall be made payable to Plaintiff’s attorney, 26 27 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER - 1 28 1 Margaret Lehrkind, based upon Plaintiff’s assignment of these amounts to her. See Exhibit – 2 Retainer Agreement. If Plaintiff has a debt, then any remaining funds after offset shall be made 3 payable to Plaintiff and mailed to counsel’s address. 4 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 5 6 attorney fees and expenses and does not constitute an admission of liability on the part of 7 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 8 from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to 9 EAJA attorney fees and expenses in connection with this action. 10 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 11 12 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 13 14 DATE: August 8, 2024 Respectfully submitted, 15 16 Lehrkind Law Office, P.C.

17 By: /s/ Margaret Lehrkind 18 Margaret Lehrkind Attorney for Plaintiff 19

20 DATE: August 8, 2024 By: /s/ Justin Lane Martin* JUSTIN LANE MARTIN 21 *As authorized via email on August 7, 2024 Special Assistant United States Attorney 22 Attorney for Defendant 23 ORDER 24 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 25 26 Fees and Expenses (the “Stipulation”), IT IS ORDERED that fees and expenses in the amount 27 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER - 2 28 1 |}of TWO THOUSAND DOLLARS and 00/100 ($2,000) as authorized by the Equal Access to * I! Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. IT IS SO ORDERED.

> |! Dated: August 9, 2024 ‘ CC □□□ 7 \U . / ope ~—_ UNITED STATES MAGISTRATE JUDGE

9 walk.1588 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 || STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 3 EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER - 3