(SS) Diaz 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 MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 7 E-Mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JOSE DIAZ, ) No. 2:18-cv-1225-DB ) 13 Plaintiff, ) ) STIPULATION AND ORDER FOR THE 14 vs. ) AWARD AND PAYMENT OF ) ATTORNEY FEES PURSUANT TO 15 ) THE EQUAL ACCESS TO JUSTICE ANDREW SAUL, ) 16 Commissioner of Social Security,1 ) ACT, 28 U.S.C. § 2412(d) ) 17 ) Defendant. ) 18 19 IT IS HEREBY STIPULATED, by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that plaintiff Jose Diaz (Plaintiff) be awarded 21 attorney fees in the amount of SEVEN THOUSAND, FIVE HUNDRED DOLLARS AND 22 ZERO CENTS ($7,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 23 This amount represents compensation for all legal services rendered on behalf of Plaintiff by 24 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel Jared T. Walker. Pursuant to Astrue 27 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted in 28 this action pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 1 v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether 2 the fees are subject to any offset allowed under the United States Department of the Treasury’s 3 Offset Program. After the order for EAJA fees is entered, the government will determine 4 whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 7 be made directly to counsel Jared T. Walker, pursuant to the authorization executed by Plaintiff. 8 Any payments made shall be delivered to counsel. 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 the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or counsel, including but not limited to Jared T. 13 Walker, may have relating to EAJA attorney fees in connection with this action. 14 This award is without prejudice to the rights of counsel to seek Social Security Act 15 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 16 Respectfully submitted, 17 Dated: December 31, 2019 LAW OFFICE OF JARED T. WALKER, PC 18 By: /s/ Jared T. Walker* 19 JARED T. WALKER 20 Attorneys for Plaintiff [*As authorized by e-mail on Dec. 31, 2019] 21 22 Dated: December 31, 2019 McGREGOR W. SCOTT 23 United States Attorney DEBORAH LEE STACHEL 24 Regional Chief Counsel, Region IX Social Security Administration 25 26 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 27 Special Assistant United States Attorney Attorneys for Defendant 28 1 2 ORDER 3 Pursuant to the parties’ stipulation, IT IS SO ORDERED.2 4 DATED: January 9, 2020 /s/ DEBORAH BARNES 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 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 December 18, 2019 motion for attorney’s fees (ECF No. 24) is denied as having been rendered moot.