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

1 McGREGOR W. SCOTT 2 United States Attorney DEBORAH LEE STACHEL 3 Regional Chief Counsel, Region IX Social Security Administration 4 CHANTAL R. JENKINS, PA SBN 307531 5 Special Assistant United States Attorney 160 Spear Street, Suite 800 6 San Francisco, California 94105 Telephone: (415) 977-8931 7 Facsimile: (415) 744-0134 8 E-Mail: Chantal.Jenkins@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 ) No. 2:18-cv-01748-DB 14 STEPHANIE GAIL BOISCLAIRE, ) ) STIPULATION AND ORDER AWARDING 15 Plaintiff, ) ATTORNEY FEES UNDER THE ) EQUAL ACCESS TO JUSTICE ACT, 16 vs. ) 28 U.S.C. § 2412(d) ANDREW SAUL1, ) 17 Commissioner of Social Security, ) ) 18 Defendant. ) ) 19 ) 20 21 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 22 counsel, subject to the Court’s approval, that Plaintiff Stephanie Gail Boisclaire be awarded 23 attorney fees in the amount of SIX THOUSAND DOLLARS AND 00 CENTS ($6,000.00) under 24 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 25 26 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a 27 party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 28 USC 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 1 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 2 this civil action in accordance with 28 U.S.C. § 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 4 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 5 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 6 assignment will depend on whether the fees are subject to any offset allowed under the United 7 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 8 the government will determine whether they are subject 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 Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any 12 payments 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 does not constitute an admission of liability on the part of Defendant under the 15 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 16 bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA 17 attorney fees 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 21 Respectfully submitted, 22 Dated: December 17, 2019 /s/ Stuart T. Barasch by Chantal R. Jenkins* 23 STUART T. BARASCH As authorized via email on December 17, 2019 24 Attorney for Plaintiff 25 26 Dated: December 17, 2019 MCGREGOR W. SCOTT 27 United States Attorney DEBORAH LEE STACHEL 28 Regional Chief Counsel, Region IX Social Security Administration 1 2 By: /s/ Chantal R. Jenkins 3 CHANTAL R. JENKINS Special Assistant United States Attorney 4 5 6 ORDER 7 Pursuant to the parties’ stipulation, IT IS SO ORDERED.2 8 DATED: December 12, 2019 /s/ DEBORAH BARNES 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 In light of the parties’ stipulation and this order, plaintiff’s November 26, 2019 motion for attorney’s fees (ECF No. 19) is denied as having been rendered moot.