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

42.497 VV VLCC VINL’ bMVVULIICIIl Co PUM VV otc rPayet aviv 1 || HARVEY P. SACKETT (72488) 2 □□□ □□□ T AND ASSOCIATES 3 A PROFESSIONAL LAW CORP. 4 548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 Attorney for Plaintiff T II 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 || DALE PEOPLES, ) Case No.: 2:19-cv-01221 CKD 12 ) Plaintiff, ) STIPULATION AND ORDER FOR 13 THE AWARD AND PAYMENT OF V. ) ATTORNEY FEES PURSUANT TO 14 ) THEEQUAL ACCESS TO JUSTICE ANDREW SAUL, ) ACT, 28 U.S.C. § 2412(d) 15 os . . Commissioner of Social Security, ) 16 ) Defendant. 17 ) jg jj) 19 On March 23, 2020, this Court issued an order reversing the final decision of the 29 || Defendant, Andrew Saul, the Commissioner of Social Security (Commissioner), with a remand 21 || for a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered. 2 In the interest of administrative and judicial economy, the parties have agreed to stipulate 23 || that an award of THREE THOUSAND TWO HUNDRED SEVENTY-EIGHT AND EIGHTY 94 ||($3,278.80) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 25 ||is reasonable. This award is without prejudice to Plaintiffs right to seek attorney’s fees under 26 || section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of 97 ||the EAJA. However, this award shall constitute a complete release from and bar to any claims 2g || Plaintiff may have relating to EAJA fees and costs. Further, such award shall not be used as 2 original administrative decision denying benefits to Plaintiff was not substantially justified. 3 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 4 the matter of Plaintiff’s assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 5 Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether 6 the fees are subject to any offset allowed under the United States Department of the Treasury’s 7 Offset Program. After the order for EAJA is entered, the Government will determine whether 8 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 9 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 10 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 11 assignment executed by Plaintiff. Any payments made shall be delivered and made payable to 12 Counsel. 13 Accordingly, Defendant agrees to pay Plaintiff $3,278.80 in attorney’s fees. 14 All parties whose signature lines appear in this document have consented to its filing. 15 This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 16 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 17 provisions of the EAJA. 18 19 //// 20 21 22 //// 23 24 25 //// 26 27 28 //// WQo0 4.497 UV Vitcet WVINL’ PYVUULDLICIIL OW PUM VVesticy rPaye v viv 1 2 |! Dated: June 17, 2020 SACKETT AND ASSOCIATES 3 /s/ HARVEY P. SACKETT 4 HARVEY P. SACKETT Attorney for Plaintiff 5 DALE PEOPLES 6 Dated: June 15, 2020 McGREGOR W. SCOTT 7 United States Attorney 8 By: /s/ELLINOR RAVENEL CODER 9 ELLINOR RAVENEL CODER Special Assistant United States Attorney 10 Attorneys for Defendant [*as authorized by e-mail on 6/18/20] 12 ORDER 13 Pursuant to the stipulation, IT IS SO ORDERED. 14 “ 7 * i Dated: June 24, 2020 {fl ft fb 15 CANO /- Le (G-—, eee creer cee eee ge 16 CAROLYN K. DELANEY ' UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28