Case Information
*1 1 Melissa Newel (CA 148563)
2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705
3 (510) 316-3827
mnewel@newellawfirm.com
Office of Program Litigation, Office 7 Special Assistant United States Attorney
160 Spear Street, Suite 800 San Francisco, CA. 94105
(510) 970-4862
michelle.pavelek@ssa.gov
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA RAMIRO CONTRERAS GONZALEZ, No. 1:22-CV-00959 (SKO) Plaintiff,
v. ORDER ON STIPULATION AND UNOPPOSED MOTION FOR AWARD KILOLO KIJAKAZI, AND PAYMENT OF ATTORNEYS FEES ACTING COMMISSIONER OF PURSUANT TO THE EQUAL ACCESS TO SOCIAL SECURITY, JUSTICE ACT (28 U.S.C. §2412(d))
Defendant. (Doc. 17)
*2
IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, subject to the approval of the Court, that Ramiro Contreras Gonzalez (“Plaintiff”) be awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of six thousand two hundred and thirty-seven dollars and ninety-two cents ($6,237.92). This represents compensation for 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 Plaintiff’s attorney. Pursuant to Astrue v. Ratliff , 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the attorney 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 subject to offset, then the government shall cause the payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments made shall be delivered to Plaintiff’s counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and does not constitute an admission of liability on the part of Defendant under EAJA. 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 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(b), subject to the savings clause provisions of the EAJA. ///
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/// *3 Respectfully submitted, Dated: April 5, 2023
By: Melissa Newel Melissa Newel Dated: April 5, 2023
By: Michelle Pavelek* (* Authorized by email dated 04/03/2023 ) Special Assistant U.S. Attorney
ORDER
IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d), attorney fees in the amount of six thousand two hundred and thirty-seven dollars and ninety-two cents ($6,237.92) and no costs be awarded subject to the terms of the parties’ foregoing Stipulation and Unopposed Motion (Doc. 17).
IT IS SO ORDERED. /s/ Sheila K. Oberto .
Dated: April 6, 2023 UNITED STATES MAGISTRATE JUDGE