(SS) Davis 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 CAROLYN B. CHEN, CSBN 256628 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8956 Facsimile: (415) 744-0134 7 E-Mail: Carolyn.Chen@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) No. 2:17-cv-02670-DB JAMES DAVIS, ) 14 ) STIPULATION AND ORDER APPROVING Plaintiff, ) SETTLEMENT OF ATTORNEY FEES 15 ) PURSUANT TO THE EQUAL ACCESS TO vs. ) JUSTICE ACT, 28 U.S.C. § 2412(d) 16 ANDREW SAUL,1 ) Commissioner of Social Security, ) 17 ) ) 18 Defendant. ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees in the amount of 22 FOUR THOUSAND THREE HUNDRED DOLLARS ($4,300) under the Equal Access to 23 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 24 25 26 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 27 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 28 1 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 2 accordance with 28 U.S.C. § 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 4 matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 5 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees are 6 subject to any offset allowed under the United States Department of the Treasury’s Offset Program. 7 After the order for EAJA fees is entered, the government will determine whether they are subject 8 to any offset. 9 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 10 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 11 be made directly to Jesse Kaplan pursuant to the assignment executed by Plaintiff. Any payments 12 made shall be delivered to Plaintiff’s counsel. 13 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 14 attorney fees and expenses, and does not constitute an admission of liability on the part of 15 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete 16 release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have 17 relating to EAJA attorney fees and expenses in connection with this action. 18 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 19 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 20 Respectfully submitted, 21 22 Dated: October 30, 2019 By: /s/ Jesse S. Kaplan 23 JESSE S. KAPLAN Attorney for Plaintiff 24 (As authorized by email on October 30, 2019) 25 26 Dated: October 30, 2019 Respectfully submitted, 27 MCGREGOR W. SCOTT 28 United States Attorney 1 DEBORAH LEE STACHEL 2 Regional Chief Counsel, Region IX Social Security Administration 3 By: /s/ Carolyn B. Chen 4 CAROLYN B. CHEN 5 Special Assistant U.S. Attorney 6 Attorneys for Defendant 7 8 9 ORDER 10 11 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 12 DATED: November 6, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28