(SS) Walker v. Commissioner of Social Security

Opinion

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

SHERMAN WALKER, CASE NO.: 2:24-cv-01956-DMC Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND vs. EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] SECURITY, Defendant The parties, through their respective counsel, hereby agree that attorney fees in the amount of $6,300 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 and costs of $0, pursuant to 28 U.S.C. § 1920. 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. §§ 1920; 2412(d). Such attorney fees shall be subject to verification that Plaintiff has no debt which qualifies for offset, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S. Ct. 2521 (2010). If the U.S. Department of the Treasury determines that Plaintiff’s EAJA fees are not subject to any offset allowed under the Department of the Treasury’s Offset Program, then the STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] ORDER - 1 check or electronic funds transfer for EAJA fees shall be made payable to Plaintiff’s attorney, Margaret Lehrkind, based upon Plaintiff’s assignment of these amounts to her. See Exhibit – Retainer Agreement. If Plaintiff has a debt, then any remaining funds after offset shall be made payable to Plaintiff and mailed to counsel’s address. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and expenses and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel, including Lehrkind Law Office, P.C., may have relating to EAJA attorney fees and expenses in connection with this action. This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. DATE: January 22, 2025 Respectfully submitted, Lehrkind Law Office, P.C.

By: /s/ Margaret Lehrkind Margaret Lehrkind Attorney for Plaintiff DATE: January 22, 2025 By: /s/ Margaret Branick-Abilla * Margaret Branick-Abilla *As authorized via email on 1/22/25 Special Assistant United States Attorney Attorney for Defendant

STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] ORDER - 2 ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act and Expenses (the “Stipulation”), > IT IS ORDERED that fees and expenses in the amount of SIX THOUSAND THREE HUNDRED DOLLARS and 00/100 ($6,300) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. IT IS SO ORDERED. ! Dated: January 22, 2025 ___ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] ORDER - 3