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

LEGAL SERVICES OF NORTHERN CALIFORNIA 1 HILLARY HANSEN, SBN #287703 2 LIZA THANTRANON, SBN #276442 515 12th Street 3 Sacramento, CA 95814 4 Telephone: (916) 551-2150 Fax: (916) 551-2196 5 E-Mail: hhansen@lsnc.net 6 Attorneys for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO 11 12 ) No. 18-cv-02270-AC 13 ORA MERRILL, ) ) 14 Plaintiff, ) STIPULATION AND PROPOSED ) ORDER FOR THE AWARD AND 15 v. ) PAYMENT OF ATTORNEY FEES ) 16 ANDREW SAUL, ) ) A EQND U AE LX P AE CN CS EE SS S P TU OR JS UU SA TN ICT E T AO C T TH , E 17 Commissioner Social Security, ) 28 U.S.C. § 2412(d) ) 18 ) Defendant. ) 19 ) 20 21 IT IS HEREBY STIPULATED by and between the parties through their 22 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 23 attorney fees and expenses in the amount of SEVEN THOUSAND dollars ($7,000.00) 24 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 25 represents compensation for all legal services rendered on behalf of Plaintiff by counsel 26 in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will 28 consider the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant 1 to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the 2 ability to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 9 assignment executed by Plaintiff. Any payments made shall be delivered to counsel. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for 11 EAJA attorney fees, and does not constitute an admission of liability on the part of 12 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 13 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 14 counsel including counsel’s firm may have relating to EAJA attorney fees in connection 15 with this action. 16 17 Respectfully submitted April 21, 2020 18 MCGREGOR W. SCOTT 19 United States Attorney, EDWARD A. OLSEN, 20 Assistant United States Attorney, 21 ELLINOR R. CODER Special Assistant United States Attorney 22 23 By: /s/ Ellinor R. Coder__________ Special Assistant United States Attorney 24 (via email authorization on April 20, 2020) 25 Attorneys for Defendant 26 LEGAL SERVICES OF NORTHERN CALIFORNIA 27 By: /s/ Hillary P. Hansen______________ Staff Attorney 28 Attorneys for Plaintiff wOASe 6 □□□ □□ □□□ ENNS MMEUIOCT MV VI 1 ORDER 2 Pursuant to the stipulation, it is so ordered. 3 || Dated: April 21, 2020 ~ 4 ttt0n— Lhar—e- 5 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28