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

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 7 E-Mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 VERNON S. SEEVERS, ) No. 2:18-cv-00208-DB 14 ) ) Plaintiff, ) STIPULATION AND ORDER FOR THE 15 ) AWARD AND PAYMENT OF vs. ) ATTORNEY FEES PURSUANT TO 16 ) THE EQUAL ACCESS TO JUSTICE ANDREW SAUL, ) 17 Commissioner of Social Security,1 ) ACT, 28 U.S.C. § 2412(d), AND COSTS ) PURSUANT TO 28 U.S.C. § 1920 18 ) Defendant. ) 19 20 21 22 23 24 25 26 27 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted in 28 this action pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 1 IT IS HEREBY STIPULATED, by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that plaintiff Vernon S. Seevers (Plaintiff) be 3 awarded attorney fees in the amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS 4 ($8,00.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the 5 amount of FOUR HUNDERD DOLLARS AND ZERO CENTS ($400.00) under 28 U.S.C. 6 § 1920. This amount represents compensation for all legal services rendered on behalf of 7 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 8 2412(d). 9 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 10 the matter of Plaintiff’s assignment of EAJA fees to counsel Jared T. Walker. Pursuant to Astrue 11 v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether 12 the fees are subject to any offset allowed under the United States Department of the Treasury’s 13 Offset Program. After the order for EAJA fees is entered, the government will determine 14 whether they are subject to any offset. 15 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 16 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 17 be made directly to counsel Jared T. Walker, pursuant to the authorization executed by Plaintiff. 18 Any payments made shall be delivered to counsel. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 20 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 21 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 22 bar to, any and all claims that Plaintiff and/or counsel, including but not limited to Jared T. 23 Walker, may have relating to EAJA attorney fees in connection with this action. 24 /// 25 /// 26 /// 27 /// 28 1 This award is without prejudice to the rights of counsel to seek Social Security Act 2 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 3 Respectfully submitted, 4 5 Dated: October 25, 2019 LAW OFFICE OF JARED T. WALKER, PC 6 By: /s/ Jared T. Walker* 7 JARED T. WALKER 8 Attorneys for Plaintiff [*As authorized by e-mail on Oct. 25, 2019] 9 10 Dated: October 25, 2019 McGREGOR W. SCOTT 11 United States Attorney DEBORAH LEE STACHEL 12 Regional Chief Counsel, Region IX 13 Social Security Administration 14 By: /s/ Margaret Branick-Abilla ___ 15 MARGARET BRANICK-ABILLA 16 Special Assistant United States Attorney Attorneys for Defendant 17 18 19 ORDER 20 21 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 22 DATED: November 1, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28