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

BESS M. BREWER, #100364 1 LAW OFFICE OF BESS M. BREWER P.O. Box 5088 2 Sacramento, CA 95817 Telephone: (916) 385-7517 3 bess.m.brewer@gmail.com Attorney for Plaintiff 4 IN THE UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 MEGAN SHIELDS ) No. 2:18-cv-2285 DB ) 8 Plaintiff, ) ) 9 ) 10 v. ) ) 11 ) STIPULATION AND ORDER APPROVING COMMISSIONER OF SSA, ) SETTLEMENT OF ATTORNEY FEES 12 ) AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO 13 ) JUSTICE ACT Defendant. ) 14 ) ) 15 ) 16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 17 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 18 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SEVEN THOUSAND FIVE 19 HUNDRED DOLLARS AND ZERO CENTS ($7,500.00). This amount represents compensation 20 for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to 22 Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and 23 expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the 24 ability to honor the assignment will depend on whether the fees and expenses are subject to any 25 offset allowed under the United States Department of the Treasury’s Offset Program. 26 27 28 1 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 3 fees, expenses, and costs to be made directly to Bess M. Brewer, pursuant to the assignment 4 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 6 fees and expenses, and does not constitute an admission of liability on the part of Defendant under 7 the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 8 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and 9 expenses in connection with this action. 10 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act 11 attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 12 13 Dated: May 14, 2020 /s/Bess M. Brewer 14 BESS M. BREWER Attorney at Law 15 Attorney for Plaintiff 16 17 Dated: May 14, 2020 McGregor W. Scott 18 United States Attorney 19 /s/ Tina Naicker TINA NAICKER 20 Special Assistant United States Attorney 21 Attorneys for Defendant 22 23 ORDER 24 Pursuant to the parties’ stipulation, IT IS SO ORDERED. DATED: May 18, 2020 /S/ DEBORAH BARNES 25 UNITED STATES MAGISTRATE JUDGE 26 27 28