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

1 JOHN V. JOHNSON Attorney for Plaintiff 2 McGregor W. Scott United States Attorney 3 DEBORAH LEE STACHEL, Bar No. 230138 Regional Chief Counsel, Region IX 4 ASIM MODI NYSBN 4692018 Special Assistant United States Attorney 5 Social Security Administration 6 160 Spear Street, Suite 800 San Francisco, California 94105 7 Telephone: (415) 977-8952 Facsimile: (415) 744-0134 8 E-Mail: asim.modi@ssa.gov 9 Attorney for Defendant 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 15 Kristy Lynn Pryor, ) CASE. No.: 2:16-CV-03018 KJN ) 16 Plaintiff, ) STIPULATION AND PROPOSED ORDER ) FOR ATTORNEY’S FEES PURSUANT 17 vs. ) TO 28 U.S.C. SECTION 2412(d) ) 18 ANDREW SAUL, commissioner ) of the Social Security Administration, ) 19 ) ) 20 Defendant. ) ) 21 __________________________________________ ) 22 It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval 23 of the Court, that Kristy Lynn Pryor, will be awarded attorney fees in the amount of TWELVE THOUSAND FIVE 24 HUNDRED and NO CENTS DOLLARS ($12,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 25 section 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by 26 counsel in connection with this civil action, in accordance with 28 U.S.C. section 2412(d). 27 After the Court issues an order for EAJA fees to Kristy Lynn Pryor, the Defendant will consider any 28 assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2252-2253 (2010), the 1 || ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under the 2 || United States Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Defendant 3 || will determine whether they are subject to any offset. 4 Fees shall be made payable to Kristy Lynn Pryor, but if the Department of the Treasury determines that 5 || Kristy Lynn Pryor does not owe a federal debt, then the government shall cause the payment of fees to be made 6 || directly to John V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be delivered 7 || directly to John V. Johnson. 8 This stipulation constitutes a compromise settlement of Kristy Lynn Pryor’s request for EAJA attorney fees 9 || and does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the agreed 10 |] amount shall constitute complete release from, and bar to, any and all claims that Kristy Lynn Pryor, and/or John V. 11 Johnson may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to 12 |) the rights of John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. Section 406(b) subject to 13 || the savings clause provisions of EAJA. 14 Respectfully Submitted, 15 ||] DATED: November 26, 2019 /John V. Johnson (As authorized 16 johnvjohnson @sbcglobal.net) John V. Johnson 17 Attorney for Plaintiff 18 ||] DATED: November 26, 2019 McGREGOR W. SCOTT United States Attorney 19 DEBORAH L. STACHEL Regional Chief Attorney, Region IX 20 Social Security Administration 21 By: /s /Asim Modi ASIM MODI 22 Special Assistant U.S. Attorney Attorney for Defendant 23 24 ORDER 25 APPROVED AND SO ORDERED. 26 Dated: December 5, 2019 “7 Ke A Norm 28 KENDALL UNITED STATES MAGISTRATE JUDGE