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

1 Jared T. Walker (SB#269029) P.O. Box 1777 2 Orangevale, CA 95662 T: (916) 476-5044 3 F: (916) 476-5064 jared@jwalker.law 4 5 Attorney for Plaintiff, MELINDA JANE BALL 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 MELINDA JANE BALL, Case No.: 1:19-cv-00642-SKO 10 Plaintiff, 11 v. STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT 12 ANDREW M. SAUL, TO THE EQUAL ACCESS TO JUSTICE Commissioner of Social Security, ACT, 28 U.S.C. § 2412(d) 13 Defendant. 14 15 IT IS HEREBY STIPULATED by and between the parties through their undersigned 16 counsel, subject to the approval of the Court, that plaintiff Melinda Jane Ball (“Plaintiff”) be 17 awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the 18 amount of One Thousand Seven Hundred Thirty-Four Dollars ($1,734.00). This amount represents 19 compensation for all legal services incurred on behalf of Plaintiff by counsel in connection with this 20 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 Program. After the order for EAJA fees is entered, the government will determine whether they are 26 subject to any offset. 27 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 28 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be 1 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 2 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to her attorney, 3 JARED WALKER. 4 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 5 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 6 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 7 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., 8 may have relating to EAJA attorney fees in connection with this action. 9 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 10 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 11 Dated: December 17, 2019 Respectfully submitted, 12 13 /s/ Jared Walker JARED WALKER, 14 Attorney for Plaintiff 15 SO STIPULATED: 16 McGREGOR W. SCOTT United States Attorney 17 DEBORAH LEE STACHEL 18 Regional Chief Counsel, Region IX Social Security Administration 19 20 Dated: December 17, 2019 By: /s/ *Ellinor R. Coder 21 ELLINOR R. CODER 22 (*signature authorized by e-mail on 12/17/19) Special Assistant United States Attorney 23 Attorney for Defendant 24 25 26 27 28 1 ORDER 2 Based upon the parties’ above stipulation, (Doc. 16), for good cause shown, attorney’s fees 3 in the amount of One Thousand Seven Hundred Thirty-Four Dollars ($1,734.00) under the Equal 4 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), shall be awarded to Plaintiff according to the 5 terms of the stipulation. 6 IT IS SO ORDERED. 7 Sheila K. Oberto Dated: December 19, 2019 /s/ . 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28