(SS) Rodriguez 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 MICHAEL K. MARRIOTT, CSBN 280890 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 6 San Francisco, California 94105 Tel: (415) 977-8985 7 Fax: (415) 744-0134 8 E-mail: Michael.Marriott@ssa.gov 9 Attorneys for Defendant 10 Meghan O. Lambert, Esq. 11 Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 12 Oakmont, PA 15139 13 Phone: 412-794-8003 Meghan@mydisabilityattorney.com 14 CA Bar ID: 258040 15 Attorney for Plaintiff, Frank Uvalles Rodriguez 16 UNITED STATES DISTRICT COURT 17 FOR THE EASTERN DISTRICT OF CALIFORNIA 18 FRANK UVALLES RODRIGUEZ, Case No. 2:19-cv-00158-EFB 19 20 Plaintiff, STIPULATION AND [PROPOSED] ORDER FOR THE AWARD OF 21 v. ATTORNEY FEES UNDER THE EQUAL 22 ACCESS TO JUSTICE ACT (EAJA) ANDREW SAUL, 28 U.S.C. § 2412(d) 23 Commissioner of Social Security, 24 Defendant. 25 TO THE HONORABLE EDMUND F. BRENNAN, MAGISTRATE JUDGE OF 26 THE UNITED STATES DISTRICT COURT: 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 TEN THOUSAND, 3 TWO HUNDRED DOLLARS and 00/100 ($10,200.00) under the Equal Access to 4 Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of FOUR HUNDRED 5 DOLLARS ($400.00), to be paid separately from the Judgment Fund. This amount 6 represents compensation for all legal services rendered on behalf of Plaintiff by counsel 7 in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will 9 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 10 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 11 to honor the assignment will depend on whether the fees are subject to any offset 12 allowed under the United States Department of the Treasury’s Offset Program. After 13 the order for EAJA fees is entered, the government will determine whether they are 14 subject to any offset. 15 16 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 17 determines that Plaintiff does not owe a federal debt, then the government shall cause 18 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 19 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 20 counsel, Meghan O. Lambert. 21 This stipulation constitutes a compromise settlement of Plaintiff’s request for 22 EAJA fees, and does not constitute an admission of liability on the part of Defendant 23 under the EAJA. Payment of TEN THOUSAND, TWO HUNDRED DOLLARS and 24 00/100 ($10,200.00) in EAJA attorney fees and FOUR HUNDRED DOLLARS 25 ($400.00) in costs to be paid separately from the Judgment Fund. These payments shall 26 constitute a complete release from, and bar to, any and all claims that Plaintiff and 27 1 | Plaintiff’s attorney, Meghan O. Lambert, may have relating to EAJA attorney fees in 2 || connection with this action. 3 This award is without prejudice to the rights of Plaintiffs attorney to seek Social 4 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 5 provisions of the EAJA. 6 Respectfully submitted, 7 8 Dated: January 17, 2020 /s/ Meghan O. Lambert 9 MEGHAN O. LAMBERT 10 Attorney for Plaintiff 11 Dated: January 17, 2020 MCGREGOR W. SCOTT 12 United States Attorney 13 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 14 Social Security Administration 15 By:___/s/ Michael K, Marriott* 16 MICHAEL K. MARRIOTT 17 Special Assistant U.S. Attorney Attorneys for Defendant 18 (*Permission to use electronic signature 19 obtained via email on 1/17/2020). 20 21 || SO ORDERED. 22 Chun LF cb — DATE: January 22, 2020. ZL es ~ 23 HON. EDMUND F. BRENNAN United States Magistrate Judge 25 26 27 28 -3-