(SS) Pratt v. Commissioner of Social Security

1 Nikhil Shreeham Agharkar State Bar # 247757 2 Email: fedcourt@pierrepierrelaw.com 3 Pierre Pierre Law, P.C. 180 Promenade Circle North 4 Suite 300 - #1147 5 Sacramento, California 95834 6 Telephone: (646) 992-8383 Facsimile: (718) 504-6962 7 8 Attorneys for Plaintiff: 9 Angelique Octavia Pratt 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 15 Angelique Octavia Pratt, ) Case No.: 2:25-cv-02635-CSK 16 ) Plaintiff, 17 ) STIPULATION AND 18 ) MODIFIED [PROPOSED] 19 vs. ) ORDER FOR THE AWARD AND PAYMENT OF 20 ) ATTORNEY FEES PURSUANT 21 ) Commissioner of Social Security, TO THE EQUAL ACCESS TO 22 ) JUSTICE ACT, 28 23 Defendant. ) U.S.C. § 2412(d), AND COSTS ) PURSUANT TO 28 U.S.C. § 1920 24 25 26 27 IT IS HEREBY STIPULATED by the parties, through their undersigned 28 1 attorneys, and with the approval of the Court as provided below, that Plaintiff be 2 awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 3 4 2412(d), in the amount of $11,300.00. This amount represents compensation for all 5 6 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 7 action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 8 9 Plaintiff was the prevailing party in this matter and Plaintiff is an individual 10 11 whose net worth does not exceed $2,000,000 at the time the civil action was filed. 12 The position of the Commissioner was not substantially justified and an award of 13 14 fees is not unjust. 15 After the Court issues an order for EAJA fees to Plaintiff, the government will 16 17 consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney, 18 19 Eddy Pierre Pierre, Esq. 20 Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded 21 22 by this Court belong to the Plaintiff and are subject to offset under the Treasury 23 24 Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should 25 therefore be awarded to Plaintiff and not to Plaintiff’ s attorney. Fees can be made 26 27 payable by check or electronic funds transfer (EFT). 28 1 If, after receiving the Court’ s EAJA fee order, the Commissioner (1) 2 determines that Plaintiff has assigned her right to EAJA fees to his attorney; (2) 3 4 determines that Plaintiff does not owe a debt that is subject to offset under the 5 6 Treasury Offset Program, the EAJA fees will be made payable to Plaintiff’s attorney, 7 Eddy Pierre Pierre, Esq., pursuant to Assignment. However, if there is a debt owed 8 9 under the Treasury Offset Program, the remaining EAJA fees after offset will be 10 11 paid by a check or EFT made out to Plaintiff, but delivered to Plaintiff’ s attorney, 12 Eddy Pierre Pierre, Esq., pursuant to the assignment executed by Plaintiff. 13 14 This stipulation constitutes a compromise settlement of Plaintiff’s request for 15 EAJA attorney fees and does not constitute an admission of liability on the part of 16 17 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 18 19 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 20 Plaintiff’s counsel may have relating to EAJA attorney fees in connection with this 21 22 action. 23 24 The parties further agree that the EAJA award is without prejudice to the right 25 of Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 26 27 28 1| 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2 2412(c)(1) (2006). 3 4 Dated: July 17, 2026 Respectfully Submitted, 5 6 Pierre Pierre Law, P.C. 7 8 *all signatories listed, and on whose behalf the filing is submitted, concur in 9 the filing’s content and have authorized 10 this filing. 11 12 By: /s/ Nikhil Shreeham Agharkar 13 Attorney for Plaintiff 14 15 6 ERIC GRANT United States Attorney 17 18 By: /s/Roseanne C. Gillette Lazzarotto* 19 Roseanne C. Gillette Lazzarotto 20 Special Assistant U.S. Attorney 21 Attorneys for Defendant 22 23 ORDER 27 Pursuant to the Stipulation, IT IS SOQ ORDERED. 28 Dated: September 3, 2026 CHI S00 KIM UNITED STATES MAGISTRATE JUDGE 7, prat.2635.25.stip.eaja