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

MCGREGOR W. SCOTT 1 United States Attorney DEBORAH LEE STACHEL 2 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 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 ) Case No. 2:18-cv-00924-EFB 12 VIRGIE WOOLSEY, ) ) STIPULATION AND [PROPOSED] 13 Plaintiff, ) ORDER FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES 14 vs. ) PURSUANT TO THE EQUAL ACCESS ) TO JUSTICE ACT, 28 U.S.C. § 2412(d) 15 ANDREW SAUL, ) 16 Commissioner of Social Security,1 ) ) ) 17 Defendant. ) 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 20 amount of SIX THOUSAND, FIVE HUNDRED AND TEN DOLLARS AND SIXTY-NINE 21 CENTS ($6,510.69) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This 22 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 23 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 24 25 ///// 26 ///// 27 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted in this action 28 pursuant to Fed. R. Civ. P. 25(d). See 42 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 1 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 2 the matter of Plaintiff’s assignment of EAJA fees to counsel Bess M. Brewer. Pursuant to Astrue 3 v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether 4 the fees are subject to any offset allowed under the United States Department of the Treasury’s 5 Offset Program. After the order for EAJA fees is entered, the government will determine 6 whether they are subject to any offset. 7 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 8 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 9 be made directly to counsel Bess M. Brewer, pursuant to the assignment executed by Plaintiff. 10 Any payments made shall be delivered to counsel Bess M. Brewer. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 12 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 13 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 14 bar to, any and all claims that Plaintiff and/or counsel including Bess M. Brewer may have 15 relating to EAJA attorney fees in connection with this action. 16 This award is without prejudice to the rights of counsel to seek Social Security Act 17 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 18 Respectfully submitted, 19 Dated: April 22, 2020 LAW OFFICE OF BESS M. BREWER 20 By: /s/ Bess M. Brewer* 21 BESS M. BREWER Attorneys for Plaintiff 22 [*As authorized by e-mail on Apr. 21, 2020] 23 24 ///// 25 ///// 26 ///// 27 28 ///// 4.10 0V LST WY bMVUULITIOCIIL OS PHM Vern oorcov Payee vviv Dated: April 23, 2020 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration By: /s/ Margaret Branick-Abilla 5 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 6 Attorneys for Defendant 7 [PROPOSED] ORDER 9 10 |) Pursuant to stipulation, IT IS SO ORDERED. The Clerk is directed to terminate ECF No. 23. 11 12 Dated: April 23, 2020. 13 - 14 7 My. HON. EDMUND F. BRENNAN 15 CHIEF UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & PO No. 2:18-cv-00924-EFB