Opinion

Brown v. Kijakazi

Court
District Court, N.D. California
Filed
Apr 11, 2025
Cited by
0 cases
Authority
More cited than 34.8%

The opinion

2 1939 Harrison St, Suite 120

Oakland, CA 94612

3 Ph: 510.465.0018 Fax: 510.217.3979

Email: kat@siegfriedlegal.com

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Attorney for Plaintiff, ROBERT BROWN

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UNITED STATES DISTRICT COURT

6 NORTHERN DISTRICT OF CALIFORNIA

7 ROBERT BROWN,

8 Plaintiff, CIVIL NO. 23-cv-6198-RMI

9 v. STIPULATION AND PROPOSED ORDER

APPROVING SETTLEMENT OF

10 LELAND DEDUK,1Acting ATTORNEY FEES PURSUANT TO THE

Commissioner of Social Security, EQUAL ACCESS TO JUSTICE ACT

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12 Defendant

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15 IT IS HEREBY STIPULATED by and between the parties through their undersigned

16 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

17 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TEN THOUSAND

18 AND SEVENTY-THREE DOLLARS ($10,073). This amount represents compensation for all

19 legal services rendered on behalf of Plaintiff by Plaintiff’s counsel, Katherine R. Siegfried

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(Plaintiff’s Attorney), in connection with this civil action, in accordance with 28 U.S.C. §§ 1920,

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2412(d). Plaintiff was the prevailing party in this matter and their net worth is less than two

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million dollars. See, ECF Doc. 2. After the Court issues an order for EAJA fees to the Plaintiff,

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1 Leland Deduk became the Acting Commissioner of Social Security on February 18, 2025. Pursuant to Rule 25(d)

of the F.R.C.P., Leland Deduk should be substituted 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 U.S.C. section

2 Plaintiff's Attorney.

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Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this

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Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31

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U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should, therefore, be awarded to Plaintiff and

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not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1)

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8 determines that Plaintiff has assigned their right to EAJA fees to their attorney; (2) determines

9 that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and

10 (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be

11 made payable to Plaintiff’s attorney. However, if there is a debt owed under the Treasury Offset

12 Program, the Commissioner cannot agree to waive the requirements of the Anti-Assignment Act,

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and the remaining EAJA fees after offset will be paid by a check or electronic fund transfer

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(EFT) made out to Plaintiff but delivered to Plaintiff’s attorney.

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16 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA

17 attorney fees and expenses. It does not constitute an admission of liability on the part of

18 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a

19 complete release from, and bar to, all claims that Plaintiff and/or Plaintiff’s Attorney, including

20 the Law Office of Katherine Siegfried, may have concerning EAJA attorney fees and expenses in

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connection with this action. This award is without prejudice to the rights of the Law Office of

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Katherine Siegfried to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to

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the savings provisions of the EAJA.

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1 April 4, 2025 KATHERINE SIEGFRIED

Law Office of Katherine Siegfried, Esq.

3 By: 1G Dg

Katherine Siegfried

a Attorney for the Plaintiff

5 April 4, 2025 PATRICK D. ROBBINS

Acting United States Attorney

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7 By: /s/ Frederick Fripps (authorized by email)

Frederick Fripps

8 Special Assistant United States Attorney

9 Attorneys for Defendant

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STIPULATION FOR EAJA FEES

23-cv-6198-RMI

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; ORDER

, |PURSUANT TO STIPULATION, EQUAL ACCESS TO JUSTICE (EAJA) ATTORNEY FEES

ARE ORDERED IN THE AMOUNT OF $10,073, SUBJECT TO OFFSET UNDER THE

>| TREASURY OFFSET PROGRAM, AND SHALL BE PAID IN THE MANNER OUTLINED

° THE PARTIES? STIPULATION.

,

8 | Dated: April 11, 2025 {Mt LZ

9 on. Robert M. Illman

UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR EAJA FEES

23-cv-6198-RMI

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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