The opinion
1 PHILLIP A. TALBERT
Acting United States Attorney
2 DEBORAH LEE STACHEL
Regional Chief Counsel
3 DANIEL P. TALBERT
Special Assistant United States Attorney
4 Social Security Administration
160 Spear Street, Suite 800
5 San Francisco, CA 94105
Telephone: (510) 970-4805
6 Facsimile: (415) 744-0134
Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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CAROL RETHWISCH, No. 1:19-CV-01039-BAM
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Plaintiff,
15 STIPULATION AND ORDER
v. FOR THE AWARD OF FEES UNDER THE
16 EQUAL ACCESS TO JUSTICE ACT
KILOLO KIJAKAZI,1
17 Acting Commissioner of Social Security,
18 Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their undersigned
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counsel, subject to the approval of the Court, that the previously-filed Motion for Attorney’s Fees,
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filed June 15, 2021, shall be withdrawn, and that Plaintiff be awarded attorney fees and expenses
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under the EAJA in the amount of FIVE THOUSAND NINE HUNDRED TWENTY EIGHT
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DOLLARS AND FORTY-FIVE CENTS ($5,928.45). This amount represents compensation for
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all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil
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1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant
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to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted,
27 therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
28 U.S.C. § 405(g).
1 action, in accordance with 28 U.S.C. § 2412.
2 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
3 attorney fees and expenses, and does not constitute an admission of liability on the part of
4 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
5 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to
6 EAJA attorney fees and expenses in connection with this action.
7 After the Court issues an order for EAJA fees to Plaintiff, the government will consider
8 the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v.
9 Ratliff, 130 S.Ct. 2521, 2252-53 (2010), the ability to honor the assignment will depend on
10 whether the fees are subject to any offset allowed under the United States Department of the
11 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will
12 determine whether they are subject to any offset.
13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
14 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to
15 be made directly to Plaintiff’s counsel, Kelsey Mackenzie Brown, pursuant to the assignment
16 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.
17 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security
18 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
19 Respectfully submitted July 22, 2021.
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DATED: July 21, 2021 /s/ Kelsey Mackenzie Brown
21 KELSEY MCKENZIE BROWN
(as authorized by email)
22 Attorney for Plaintiff
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PHILLIP A. TALBERT
24 Acting United States Attorney
25 DATED: July 21, 2021 By /s/ Daniel P. Talbert
DANIEL P. TALBERT
26 Special Assistant United States Attorney
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Attorneys for Defendant
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1 ORDER
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PURSUANT TO STIPULATION, IT IS ORDERED that Plaintiff’s motion for
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attorney’s fees (Doc. 26), filed June 15, 2021, is WITHDRAWN. IT IS FURTHER ORDERED
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that Plaintiff shall be awarded attorney fees in the amount of FIVE THOUSAND NINE
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HUNDRED TWENTY EIGHT DOLLARS AND FORTY-FIVE CENTS ($5,928.45) as
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authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.
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IT IS SO ORDERED.
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9 Dated: July 26, 2021 /s/ Barbara A. McAuliffe _
10 UNITED STATES MAGISTRATE JUDGE
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