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

1 MELISSA NYMAN (CA 293207) 3009 Douglas Boulevard, Ste. 200 2 Roseville, CA 95661 3 (877) 529-4773 Fax: (916) 218-4341 4 Email: Melissa.Nyman@NymanTurkish.com 5 Attorney for Plaintiff 6 MCGREGOR W. SCOTT United States Attorney 7 DEBORAH LEE STACHEL 8 Regional Chief Counsel, Region IX Social Security Administration 9 MARCELO ILLARMO (MABN 670079) Special Assistant United States Attorney 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 Phone: (415) 977-8944 12 Fax: (415) 744-0134 Email: Marcelo.Illarmo@ssa.gov 13 Attorneys for Defendant 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 17 RICARDO WEST, ) No: 2:18−cv−02752−DB ) 18 Plaintiff, ) STIPULATION AND ) ORDER FOR AN AWARD OF 19 ) ATTORNEY FEES UNDER THE 20 v. ) EQUAL ACCESS TO JUSTICE ACT ) 21 COMMISSIONER OF SOCIAL ) SECURITY, ) 22 ) Defendant. ) 23 _______________________________ / 24 Plaintiff, Ricardo West, by and through his undersigned attorney, Melissa Nyman and 25 26 Defendant, Andrew Saul, Commissioner of Social Security, by and through his undersigned 27 STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCES TO 28 JUSTICE ACT - 1 - CASE NO. 18-02752 1 attorney, Marcelo Illarmo, jointly stipulate and petition this Court to enter an order awarding 2 attorney fees in the total amount of Five Thousand Three Hundred and No Cents ($5,300.00) in 3 full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access 4 to Justice Act (“EAJA”), 28 U.S.C § 2412. The award of attorney fees will satisfy all of 5 6 Plaintiff’s claims under 28 U.S.C. § 2412 in this case. 7 This matter was filed In Forma Pauperis, and thus no filling fee was required. 8 Any fees paid belong to Plaintiff, and not to his attorney, and may be offset to satisfy any 9 pre-existing debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586 10 (2010). After the Court enters this award, if counsel for the Defendant can verify that Plaintiff 11 12 owes no pre-existing debt subject to the offset, Defendant will direct that the award be made 13 payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed by Plaintiff and 14 counsel. 15 Wherefore, Plaintiff and Defendant move the Court to accept this stipulation and enter an 16 order awarding Plaintiff EAJA reasonable attorney fees in the amount of Five Thousand Three 17 18 Hundred and No Cents ($5,300.00) 19 Dated: April 30, 2020 20 Respectfully submitted, 21 McGREGOR W. SCOTT 22 United States Attorney 23 /s/ Melissa Nyman /s/ Marcelo Illarmo* 24 MELISSA NYMAN MARCELO ILLARMO 3009 Douglas Boulevard, Ste. 200 Special Assistant United States Attorney 25 Roseville, CA 95661 160 Spear Street, Suite 800 Phone: (877) 529-4773 San Francisco, CA 94105 26 Fax: (916) 218-4341 Phone: (415) 977-8944 27 E-mail: Melissa.Nyman@NymanTurkish.com Fax: (415) 744-0134 STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCES TO 28 JUSTICE ACT - 2 - CASE NO. 18-02752 1 Email: Marcelo.Illarmo@ssa.gov [*As authorized by email on April 30, 2020] 2 3 ORDER 4 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 5 DATED: May 1, 2020 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCES TO 28 JUSTICE ACT - 3 - CASE NO. 18-02752