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

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration ASIM H. MODI, NYSBN 4692018 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 415-977-8952 Facsimile: 415-744-0134 7 Email: asim.modi@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 RAYISA RADOVSKA, ) Case No.: 2:18-cv-02578-JAM-CKD ) 14 Plaintiff, ) STIPULATION & ORDER FOR ) PAYMENT OF ATTORNEY FEES AND 15 v. ) EXPENSES PURSUANT TO THE EQUAL 16 ) ACCESS TO JUSTICE ACT, 28 U.S.C. § ANDREW SAUL, ) 2412(d), AND COSTS PURSUANT TO 17 Commissioner of Social Security, ) 28 U.S.C. § 1920 ) 18 Defendant. ) 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 and 22 expenses in the amount of FIVE THOUSAND EIGHT HUNDRED dollars ($5,800) under the 23 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 25 with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 28 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 1 depend on whether the fees are subject to any offset allowed under the United States 2 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 3 government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the 6 payment of fees, expenses and costs to be made directly to counsel, pursuant to the assignment 7 executed by Plaintiff. Any payments made shall be delivered to counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under 10 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 11 from, and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may 12 have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 This stipulation also constitutes a withdrawal of Plaintiff’s Motion for Award of 16 Attorney Fees (ECF No. 21) filed with the Court on April 4, 2020. 17 Respectfully submitted, 18 Date: April 6, 2020 JESSE S. KAPLAN 19 20 By: /s/ Asim H. Modi for Jesse S. Kaplan* JESSE S. KAPLAN 21 *Authorized by email on April 6, 2020 Attorneys for Plaintiff 22 23 Date: April 6, 2020 McGREGOR W. SCOTT United States Attorney 24 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 25 26 By: /s/ Asim H. Modi ASIM H. MODI 27 Special Assistant United States Attorney 28 Attorneys for Defendant 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that the Clerk of Court shall terminate 4 plaintiff's Motion for Attorney Fees (ECF No. 21) as withdrawn, and fees and expenses in the 5 amount of $5,800 as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the 6 Stipulation. , Dated: April 8, 2020 x q / > LAMM fur_v. eer — 8 CAROLYN K. DELANEY : 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28