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

1 Jared T. Walker (SB#269029) 5750 Sunrise Blvd., suite 130 2 Citrus Heights, CA 95610 T: (916) 476-5044 3 F: (916) 476-5064 jared@jwalker.law 4 5 Attorney for Plaintiff, JOSEPH B. MORGAN 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 JOSEPH B. MORGAN, No. 2:17-cv-00240-DB 10 Plaintiff, STIPULATION AND ORDER FOR THE 11 v. AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE 12 ANDREW SAUL, ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security,1 13 Defendant. 14 15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that plaintiff Joseph B. Morgan (Plaintiff) be awarded 18 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of 19 Six Thousand Dollars ($6,500.00). This amount represents compensation for all legal services 20 incurred on behalf of Plaintiff by counsel in connection with this civil action. 21 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will 22 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue 23 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the 24 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 25 //// 26 1 Andrew Saul became the Commissioner of the Social Security Administration on June 17, 2019. 27 See https://www.ssa.gov/agency/commissioner.html (last visited by the court on July 30, 2019). Accordingly, Andrew Saul is substituted in as the defendant in this action. See 42 U.S.C. § 405(g) 28 (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding the 1 Program. After the order for EAJA fees is entered, the government will determine whether they are 2 subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be 5 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 6 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T. 7 WALKER. 8 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 9 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 10 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 11 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., 12 may have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 Dated: November 17, 2018 Respectfully submitted, 16 /s/ Jared Walker JARED T. WALKER, 17 Attorney for Plaintiff 18 SO STIPULATED: MCGREGOR W. SCOTT 19 United States Attorney 20 21 Dated: November 19, 2018 By: /s/ *Sharon Lahey SHARON LAHEY 22 (*signature authorized by e-mail on 11/19/18) Special Assistant United States Attorney 23 Attorney for Defendant 24 ORDER 25 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 26 DATED: December 16, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 27 28