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

1 MCGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration 4 PATRICT SNYDER, CSBN 260690 Special Assistant United States Attorney 5 Assistant Regional Counsel 6 Social Security Administration, Region IX 160 Spear Street, Suite 800 7 San Francisco, California 94105 8 Tel: (415) 977-8942 9 Fax: (415) 744-0134 E-mail: Patrick.Snyder@ssa.gov 10 Attorneys for Defendant 11 Meghan O. Lambert, Esq. 12 Osterhout Berger Disability Law, LLC 13 521 Cedar Way, Suite 200 Oakmont, PA 15139 14 Phone: 412-794-8003 15 Meghan@mydisabilityattorney.com CA Bar ID: 258040 16 Attorney for Plaintiff, Jamie Cantrell 17 18 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 19 20 JAMIE CANTRELL, Case No. 2:19-cv-00770-DMC 21 Plaintiff, STIPULATION AND ORDER FOR THE 22 AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT 23 (EAJA) 24 ANDREW SAUL, 28 U.S.C. § 2412(d) Commissioner of Social Security, 25 26 Defendant. 27 TO THE HONORABLE DENNIS M. COTA, MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND, 3 DOLLARS and 00/100 ($7,000.00) under the Equal Access to Justice Act (EAJA), 28 4 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered 5 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 6 28 U.S.C. § 2412(d). 7 After the Court issues an order for EAJA fees to Plaintiff, the government will 8 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 9 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 10 to honor the assignment will depend on whether the fees are subject to any offset 11 allowed under the United States Department of the Treasury’s Offset Program. After 12 the order for EAJA fees is entered, the government will determine whether they are 13 subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 15 16 determines that Plaintiff does not owe a federal debt, then the government shall cause 17 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 18 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 19 counsel, Meghan Lambert, Esquire, at 521 Cedar Way, Suite 200, Oakmont, 20 Pennsylvania, 15139. 21 This stipulation constitutes a compromise settlement of Plaintiff’s request for 22 EAJA fees, and does not constitute an admission of liability on the part of Defendant 23 under the EAJA. Payment of SEVEN THOUSAND DOLLARS and 00/100 ($7,000.00) 24 in EAJA attorney fees shall constitute a complete release from, and bar to, any and all 25 claims that Plaintiff and Plaintiff’s attorneys, Meghan Lambert may have relating to 26 EAJA attorney fees in connection with this action. 27 2.497 VV VUE IVIN bMVVULTICEI OU PUM Vai 2 tov rayet vviiv 1 This award is without prejudice to the rights of Plaintiff's attorney to seek Social 2 || Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 3 provisions of the EAJA. 4 Respectfully submitted, 5 6 Dated: May 11, 2020 /s/ Meghan O. Lambert MEGHAN O. LAMBERT 7 Attorney for Plaintiff 8 9 Dated: May 11, 2020 MCGREGOR W. SCOTT United States Attorney 10 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 11 . Social Security Administration 12 13 By: __/s/ Patrick Snyder* PATRICK SNYDER 14 Special Assistant U.S. Attorney 15 Attorneys for Defendant (*Permission to use electronic signature 16 obtained via email on May 11, 2020). 17 18 SO ORDERED: 19 21 DENNIS M. COTA 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 -3-