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

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO BRANCH 10 11 XAVIER MARCELLIS SANDERS, Case No.: 1:19-cv-00057-EPG 12 Plaintiff, 13 vs. STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES 14 PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, TO JUSTICE ACT, 28 U.S.C. § 2412(d) 15 Commissioner of Social Security, 16 Defendant 17 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 under the 20 21 EAJA in the amount of THREE-THOUSAND SIX-HUNDRED FOURTEEN dollars 22 ($3,614.00). This amount represents compensation for all legal services rendered on behalf of 23 Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 24 2412. 25 26 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 27 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 28 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 1 assignment will depend on whether the fees and expenses are subject to any offset allowed under 2 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 3 and expenses is entered, the government will determine whether they are subject to any offset. 4 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 5 6 determines that Plaintiff does not owe a federal debt, then the government shall cause the 7 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 10 attorney fees and expenses, and does not constitute an admission of liability on the part of 11 12 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 13 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 14 EAJA attorney fees and expenses in connection with this action. 15 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 16 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 17 18 19 Respectfully submitted, 20 Dated: May 11, 2020 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff 22 McGREGOR W. SCOTT 23 United States Attorney 24 DEBORAH L. STACHEL Regional Chief Counsel, Region IX 25 Date: May 11, 2020 /s/ S. Wyeth McAdam 26 (As authorized via email on 5/11/20) 27 S. WYETH McADAM Special Assistant United States Attorney 28 4:40 VV POR NS MUO I Oe PY VM VI 1 || SHELLIE LOTT, SBN: 246202 5 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 3 Stockton, California 95202 Telephone: (209) 948-9384 4 || Facsimile: (209) 948-0706 5 Attorney for Plaintiff 6 7 ORDER 8 Pursuant to the stipulation of the parties (ECF No. 25), IT IS HEREBY ORDERED that attorney fees under EAJA, in the amount of THREE-THOUSAND SIX-HUNDRED FOURTEEN dollars ($3,614.00), are awarded to Plaintiff, subject to the terms of the stipulation. 12 |/Dated: _ June 17, 2020 [spe ey 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28