(SS) Ramirez v. Commissioner of Social Security ( 2020 )

1 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration 4 Carol S. Clark, MOBN 42670 Special Assistant United States Attorney 5 Assistant Regional Counsel 6 Social Security Administration, Region IX 160 Spear Street, Suite 800 7 San Francisco, California 94105 8 Tel: (415) 977-8975 9 E-mail: carol.s.clark@ssa.gov Attorneys for Defendant 10 11 David F. Chermol, Esquire Chermol & Fishman, LLC 12 11450 Bustleton Avenue 13 Philadelphia, PA 19116 dave@ssihelp.us 14 P: (215) 464-7200 15 F: (215) 464-7224 Attorney for Plaintiff 16 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 19 20 SARAH NICHOLE RAMIREZ, Case No. 1:19-cv-01127-LJO-BAM 21 Plaintiff, STIPULATION AND ORDER FOR THE 22 AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT 23 (EAJA) 24 ANDREW SAUL, Commissioner of 28 U.S.C. § 2412(d) Social Security, 25 26 Defendant. 27 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of ONE THOUSAND 3 TWO HUNDRED AND TWENTY-FOUR DOLLARS AND 00/100, $1,2244.00, 4 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the 5 amount of SIX HUNDRED AND TWENTY-FIVE DOLLARS AND 00/100, $625.00, 6 under 28 U.S.C. § 1910. This amount represents compensation for all legal services 7 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 8 accordance with 28 U.S.C. § 1910; 2412(d). 9 After the Court issues an order for EAJA fees to Plaintiff, the government will 10 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 11 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 12 to honor the assignment will depend on whether the fees are subject to any offset 13 allowed under the United States Department of the Treasury’s Offset Program. After 14 the order for EAJA fees is entered, the government will determine whether they are 15 16 subject to any offset. 17 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 18 determines that Plaintiff does not owe a federal debt, then the government shall cause 19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 21 counsel, David Chermol. 22 This stipulation constitutes a compromise settlement of Plaintiff’s request for 23 EAJA fees, and does not constitute an admission of liability on the part of Defendant 24 under the EAJA or otherwise. Payment of the agreed amount shall constitute a 25 complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s 26 attorney may have relating to EAJA attorney fees in connection with this action. 27 1 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 3 provisions of the EAJA. 4 Respectfully submitted, 5 6 Dated: January 2, 2020 /s/ David Chermol 7 D AVID CHERMOL Attorney for Plaintiff 8 (signature authorized by email on 9 J anuary 2, 2020) 10 11 Dated: January 2, 2020 McGREGOR W. SCOTT 12 United States Attorney DEBORAH LEE STACHEL 13 Regional Chief Counsel, Region IX 14 Social Security Administration 15 By: Carol S. Clark 16 Carol S. Clark Special Assistant U.S. Attorney 17 Attorneys for Defendant 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ stipulation, IT IS HEREBY ORDERED that attorneys’ fees in the 3 amount of one thousand two hundred and twenty-four dollars ($1,224.00) pursuant to 28 U.S.C. § 4 2412(d) and costs in the amount of six hundred and twenty-five dollars ($625.00) pursuant to 28 5 U.S.C. § 1920 be awarded subject to the terms of the Stipulation. 6 7 IT IS SO ORDERED. 8 Dated: January 7, 2020 /s/ Lawrence J. O’Neill _____ 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27