# (SS) Roberts v. Commissioner of Social Security

> District Court, E.D. California · July 7, 2022

URL: https://www.frixlaw.com/law-library/cases/10045716

## Case

- **Court:** District Court, E.D. California
- **Decided:** July 7, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10045716

## Opinion text

1 PHILLIP A. TALBERT
United States Attorney
2 PETER K. THOMPSON (HI 5890)
Acting Regional Chief Counsel, Region IX
3
Social Security Administration
4 MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
5 160 Spear Street, Suite 800
San Francisco, California 94105
6
Telephone: (415) 977-8944
7 Facsimile: (415) 744-0134
Email: Marcelo.Illarmo@ssa.gov
8
Attorneys for Defendant
9
10 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
11
CARRIE ROBERTS, ) Case No. 1:20-CV-0239-SKO
12 )
Plaintiff ) STIPULATION AND
13
) ORDER FOR AWARD OF ATTORNEY’S
14 v. ) FEES UNDER THE EQUAL ACCESS TO
) JUSTICE ACT (EAJA) AND DENYING
15 MOTION FOR ATTORNEY’S FEES AS
MOOT
16
KILOLO KIJAKAZI, )
17 Acting Commissioner of Social Security, ) (Docs. 26 & 28)
)
18 Defendant )
)
19
____________________________________)
20
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
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subject to the approval of the Court, that Plaintiff shall be awarded attorney’s fees and expenses
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under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of four
23 thousand two hundred seventeen dollars and thirty six cents ($4,217.36) and no costs under 28 U.S.C.
24 § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by
25 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).
26 Accordingly, should this Court award fees and expenses under EAJA pursuant to this stipulation,
27 Plaintiff’s motion for attorney fees (ECF 26) would be moot.
28
1 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the
2 matter of any assignment of EAJA fees by Plaintiff to his counsel Ana L. Molleda (Counsel).
Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to
3
honor the assignment will depend on whether the fees are subject to any offset allowed under the
4
United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered,
5
the government will determine whether they are subject to any offset.
6
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that
7 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses
8 and costs to be made directly to Counsel pursuant to an assignment executed by Plaintiff. Any
9 payments made shall be delivered to Counsel.
10 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 the EAJA or
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otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any
12
and all claims that Plaintiff and/or Counsel, including his firm, may have relating to EAJA attorney
13
fees in connection with this action.
14
This award is without prejudice to the rights of Counsel to seek Social Security Act attorney
15
fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA .
16
17
Respectfully submitted,
18

19 Dated: July 7, 2022

20 By: /s/ Kelsey M. Brown*
KELSEY M. BROWN
21 By email authorization on 7/7/22
22 Attorney for Plaintiff

23
Dated: July _7, 2022 PHILLIP A. TALBERT
24 United States Attorney

25
By: /s/ Marcelo Illarmo
26 MARCELO ILLARMO
Special Assistant United States Attorney
27

28
1 ORDER
2 Based upon the parties’ foregoing Stipulation for the Award and Payment of Equal Access to
3
Justice Act Fees, Costs, and Expenses (Doc. 28), IT IS ORDERED that fees and expenses in the
4
amount of $4,217.36 as authorized by 28 U.S.C. § 2412, and no costs as authorized by 28 U.S.C. §
5
1920, be awarded subject to the terms of the Stipulation.
6
7 IT IS FUTHER ORDERED that Plaintiff’s motion for attorney fees (Doc. 26) is DENIED
8 as MOOT.
9

10
IT IS SO ORDERED.
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Dated: July 7, 2022 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10045716. Public record. Not legal advice.