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

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration MARCELO ILLARMO (MABN 670079) 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8944 Facsimile: (415) 744-0134 7 E-Mail: Marcelo.Illarmo@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 HEATHER E. JOHNSON, ) No. 2:18-cv-00226-EFB ) 13 Plaintiff, ) STIPULATION FOR THE AWARD AND 14 ) PAYMENT OF ATTORNEY FEES AND v. ) EXPENSES PURSUANT TO THE EQUAL 15 ) ACCESS TO JUSTICE ACT, 28 U.S.C. ANDREW SAUL, Commissioner of Social ) § 2412(d), AND COSTS PURSUANT TO 16 Security, ) 28 U.S.C. § 1920 17 ) Defendant. ) 18 ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of four thousand four hundred eighty three dollars and forty one cents ($4,483.41) 23 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 24 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 25 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 26 1920; 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to Robert Weems. Pursuant to Astrue v. 1 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 2 assignment will depend on whether the fees are subject to any offset allowed under the United 3 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 4 the government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause the 7 payment of fees, expenses and costs to be made directly to Robert Weems, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to Robert Weems. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under 11 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 12 from, and bar to, any and all claims that Plaintiff and/or Robert Weems, including his firm, 13 may have relating to EAJA attorney fees in connection with this action. 14 This award is without prejudice to the rights of Robert Weems to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 16 EAJA. 17 Respectfully submitted, 18 Dated: January 7, 2020 19 By: /s Robert Weems * 20 ROBERT WEEMS 21 * By email authorization on 1/7/2020 Attorney for Plaintiff 22 23 Dated: January 7, 2020 McGREGOR W. SCOTT 24 United States Attorney 25 By: /s/ Marcelo Illarmo 26 MARCELO ILLARMO Special Assistant United States Attorney 27 28 1 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 2 || Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 3 || of $ 4,483.41 as authorized by 28 U.S.C. § 2412, and costs in the amount of $0.00 as authorized 4 || by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. The Clerk is directed to 5 || terminate ECF No. 21. © | DATED: January 9, 2020. Z at Wer ~ 7 HON. EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28