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

MCGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration CAROLYN B. CHEN, CSBN 256628 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8956 Facsimile: (415) 744-0134 7 E-Mail: Carolyn.Chen@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) Case No.: 2:18-cv-02248-EFB SANDRA WILLIAMS, ) 14 ) STIPULATION AND PROPOSED ORDER Plaintiff, ) APPROVING SETTLEMENT OF 15 ) ATTORNEY FEES PURSUANT TO THE vs. ) EQUAL ACCESS TO JUSTICE ACT, 28 16 ANDREW SAUL,1 ) U.S.C. §§ 1920, 2412(d) Commissioner of Social Security, ) 17 ) ) 18 Defendant. ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees in the amount of 22 FIVE THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS ($5,875.00) and costs in 23 the amount of FOUR HUNDRED DOLLARS ($400.00), under the Equal Access to Justice Act 24 25 26 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 27 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 28 1 1 (EAJA), 28 U.S.C. §§ 1920, 2412(d). This amount represents compensation for all legal services 2 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 3 28 U.S.C. §§ 1920, 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 5 matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 6 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees are 7 subject to any offset allowed under the United States Department of the Treasury’s Offset Program. 8 After the order for EAJA fees is entered, the government will determine whether they are subject 9 to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 11 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 12 be made directly to Geri Kahn, pursuant to the assignment executed by Plaintiff. Any payments 13 made shall be delivered to Plaintiff’s counsel. 14 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 15 attorney fees and expenses, and does not constitute an admission of liability on the part of 16 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete 17 release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel or counsel’s 18 law firm may have relating to EAJA attorney fees and expenses in connection with this action. 19 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 20 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 21 Respectfully submitted, 22 23 Dated: July 6, 2020 LAW OFFICE OF GERI N. KAHN 24 By: /s/ Geri N. Kahn GERI N. KAHN 25 Attorneys for Plaintiff 26 (As authorized by email on July 6, 2020) 27 Dated: July 6, 2020 Respectfully submitted, 28 2 4.10 UV VECE2tTO LIT WY PVUULILIOCEIL 2 ViiViray Payee vviv MCGREGOR W. SCOTT 2 United States Attorney DEBORAH LEE STACHEL 3 Regional Chief Counsel, Region IX 4 Social Security Administration 5 By: Carolyn B. Chen CAROLYN B. CHEN 6 Special Assistant U.S. Attorney 7 Attorneys for Defendant 8 9 10 ORDER 11 Db PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded 13 || attorney fees in the amount of FIVE THOUSAND EIGHT HUNDRED SEVENTY-FIVE 14 || DOLLARS ($5,875.00) and costs in the amount of FOUR HUNDRED DOLLARS ($400.00) as IS authorized by 28 U.S.C. 8§ 1920, 2412(d), subject to the terms of the above-referenced 16 Stipulation. Plaintiff’s motion for attorney fees filed on June 15, 2020, is deemed moot. The 17 18 Clerk is directed to administratively terminate ECF No. 22. 19 20 Dated: July 7, 2020. / tA ————___ HE HONORABLE EDMUND F. BRENNAN United States Magistrate Judge 22 23 24 25 26 27 28