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

1 JAMES HUNT MILLER (Cal. #135160) P.O. Box 10891 2 OAKLAND CA 94610 3 Ph: (925) 798-5466 4 Em: JamesHuntMiller@gmail.com Attorney for Plaintiff 5 6 McGREGOR W. SCOTT United States Attorney 7 DEBORAH LEE STACHEL CSBN230138 8 Regional Chief Counsel DANIEL P. TALBERT 9 Special Assistant United States Attorney 10 Social Security Administration 11 160 Spear Street, Suite 800 San Francisco, CA 94105 12 Attorneys for Defendant 13 14 IN THE UNITED STATES DISTRICT COURT FOR 15 THE EASTERN DISTRICT OF CALIFORNIA 16 17 18 Cheyenne Julian, ) Plaintiff, ) No. 2:18-cv-3054-DB 19 ) 20 vs. ) ) Stipulation and Order 21 Commissioner of the Social Security ) for the Award of Attorney Fees 22 Administration, ) Pursuant to the Equal Access to ) Justice Act, 28 USC 2412 (d) 23 Defendant. ) 24 ________________________ 25 IT IS HEREBY STIPULATED by and between the parties, through their 26 27 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 28 STIP & ORDER FOR EAJA FEES & COSTS – JULIAN V. SSA EDCA 18-3054 DB 1 attorney fees under the EAJA in the amount of THREE THOUSAND SEVEN 2 3 HUNDRED dollars ($3,700). This amount represents compensation for all legal 4 Services rendered on behalf of Plaintiff, to date, by counsel in connection with this 5 6 Civil action, in accordance with 28 U.S.C. section 2412. 7 After the Court files any order for EAJA fees and expenses to a Plaintiff, 8 Defendant needs to consider the matter of Plaintiff’s assignment to Plaintiff’s 9 10 Attorney; under Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 11 Assignment will depend on whether the fees-expenses are subject to any offset 12 13 allowed under the United States Department of the Treasury’s Offset Program. 14 Defendant’s determinations about whether fees are subject to any offset will 15 determine the payee. Generally, fees and expenses shall be made payable to 16 17 Plaintiff, but if the Department of the Treasury determines that the Plaintiff does 18 not owe a federal debt, then Defendant shall cause the payment of fees to be made 19 20 directly to James Hunt Miller, pursuant to the assignment executed by Plaintiff. 21 Any payments made shall be delivered to Plaintiff’s counsel. 22 This stipulation is a compromise settlement of Plaintiff’s request for EAJA 23 24 attorney fees and expenses, and is not an admission of liability on the part of 25 Defendant under the EAJA. Payment of the agreed amount shall constitute a 26 27 complete release from, and bar to, any and all claims that Plaintiff and/or 28 STIP & ORDER FOR EAJA FEES & COSTS – JULIAN V. SSA EDCA 18-3054 DB 1 Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in 2 connection with this action. But this award is without prejudice to the rights of 3 4 Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. 5 Section 406, subject to the offset provisions of the EAJA. 6 RESPECTFULLY SUBMITTED on this 7th day of January 2020. 7 8 DATED: January 6, 2020 /s/ James Hunt Miller JAMES HUNT MILLER 9 Attorney for Plaintiff 10 11 McGREGOR W. SCOTT United States Attorney 12 DATED: January 7, 2020 /s/ Daniel P. Talbert 13 (as authorized by email) Special Assistant United States Attorney 14 Attorneys for Defendant 15 16 ORDER 17 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 18 DATED: January 22, 2020 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 STIP & ORDER FOR EAJA FEES & COSTS – JULIAN V. SSA EDCA 18-3054 DB