(SS) Von Magnus v. Commissioner of Social Security ( 2019 )

1 NANCY K. McCOMBS (CSBN 163629) Law Office of McCombs and Abel 2 12 Geary Street, Suite 201 San Francisco, California 94108 3 Telephone: (415) 678-2626 E-mail: nmccombslaw@gmail.com 4 Attorney for Plaintiff 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 TRAVIS VON MAGNUS, ) Civil No. 2:18-cv-00474-DMC 9 ) Plaintiff, ) STIPULATION AND ORDER FOR 10 ) ATTORNEY FEES PURSUANT TO THE ) EQUAL ACCESS TO JUSTIC ACT v. 11 ) ) 12 NANCY A. BERRYHILL, ) Acting Commissioner of Social Security, ) 13 ) 14 Defendant 15 IT IS HEREBY STIPULATED by and between the parties through their undersigned 16 counsel, subject to the approval of the Court, that Plaintiff, Travis Von Magnus, be awarded attorney 17 fees and expenses in the amount of five thousand dollars ($5,000.00) under the Equal Access to Justice 18 Act, 28, U.S.C. § 2412. This amount represents compensation for all legal services rendered on behalf of 19 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 20 After the Court issues order for EAJA fees to Plaintiff, the government will consider the matter 21 of the Plaintiff’s assignment of EAJA fees to Nancy McCombs. Pursuant to Astrue v. Ratliff, 560 U.S. 22 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 23 whether the fees are subject to any offset allowed under the United States Department of the Treasury’s 24 Offset Program. After the order for EAJA fees is entered, the government will determine whether they 25 are subject to any offset. 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and 3 costs to be made directly to Nancy McCombs, pursuant to the assignment executed by Plaintiff. Any 4 payments made shall be delivered to Nancy McCombs. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 8 all claims that Plaintiff and Nancy McCombs, including the Law Office of McCombs and Abel have 9 relating to EAJA attorney fees in connection with this action. 10 The parties hereby request that the court enter an order awarding the Plaintiff attorney 11 fees and expenses in the amount of $5,000.00, in settlement of any and all claim she may have in 12 the matter pursuant to EAJA. 13 14 15 DATE: September 9, 2019 /s/ Nancy K. McCombs NANCY K. MCCOMBS 16 Plaintiff’s Attorney 17 18 DATE: September 9, 2019 __/s/ * Tina L. Naicker (* as authorized by email on 9/9/2019) 19 TINA L. NAICKER Special Assistant Unites States Attorney 20 MCGREGOR W. SCOTT United States Attorney for the Eastern 21 District of California DEBORAH LEE STACHEL 22 Regional Chief Counsel, Region IX Social Security Administration 23 24 25 1 ORDER 2 || Pursuant to the stipulation, IT IS ORDERED that attorney fees in the amount of $5,000.00, as authorized 3 || by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation. 4 5 || Dated: September 13, 2019 Sco 6 DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25