(SS) Haight v. Commissioner of Social Security ( 2019 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 No. 1:18-CV-1353 DANIEL RYAN FAVREAU HAIGHT, 11 Plaintiff, 12 STIPULATION AND ORDER FOR AWARD v. AND PAYMENT OF ATTORNEYS FEES 13 PURSUANT TO THE EQUAL ACCESS TO ANDREW SAUL, JUSTICE ACT (28 U.S.C. §2412(d)) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 19 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 20 attorneys, subject to the approval of the Court, that Daniel Haight (Plaintiff) be awarded attorney 21 fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the amount of 22 four thousand eight hundred twenty-four dollars and twenty-nine cents ($4,824.29). This 23 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 24 connection with the above-captioned civil action. 25 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 27 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 28 1 attorney fees are subject to any offset allowed under the United States Department of the 2 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 6 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 7 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 8 made shall be delivered to Plaintiff’s counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees and does not constitute an admission of liability on the part of Defendant under 11 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 12 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 13 connection with this action. This award is without prejudice to the rights of Plaintiff’s counsel to 14 seek Social Security Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the 15 EAJA. 16 Respectfully submitted, 17 Dated: August 28, 2019 NEWEL LAW 18 19 By: Melissa Newel 20 Melissa Newel Attorney for Plaintiff 21 DANIEL HAIGHT 22 23 Dated: August 28, 2019 MCGREGOR W. SCOTT United States Attorney 24 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 25 Social Security Administration 26 By: Ellinor R. Coder* 27 ELLINOR R. CODER (Authorized by email dated 08/26/2019) 28 Special Assistant U.S. Attorney 1 Attorneys for Defendant 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 It is hereby ordered that, pursuant to 28 U.S.C. § 2412, fees in the amount of four ; thousand eight hundred twenty-four dollars and twenty-nine cents ($4,824.29) be awarded subject to the terms of the above stipulation. © | Ir IS SO ORDERED. 7 8 | Dated: _ August 31, 2019 CN prs senn □□□ _ 9 UNI STATES MAGISTRATE JUDGE 10 11 No. 204 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28