(SS) Merriott 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 CHANTAL R. JENKINS, PA SBN 307531 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8931 Facsimile: (415) 744-0134 7 E-Mail: Chantal.Jenkins@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 ) 1:19-cv-00977-GSA AMBER DAWN MERRIOTT, ) 14 ) Plaintiff, ) STIPULATION AND ORDER 15 ) AWARDING ATTORNEY FEES UNDER vs. ) THE EQUAL ACCESS TO JUSTICE ACT, 16 ANDREW SAUL, ) 28 U.S.C. § 2412(d) Commissioner of Social Security, ) 17 ) Defendant. ) 18 ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the Court’s approval, that Plaintiff Amber Dawn Merriott be awarded 22 attorney fees and expenses in the amount of SIX THOUSAND FOUR HUNDRED DOLLARS 23 AND 00 CENTS ($6,400.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 24 2412(d). This amount represents compensation for all legal services rendered on behalf of 25 Plaintiff by counsel in connection with this civil action in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 28 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 1 assignment will depend on whether the fees are subject to any offset allowed under the United 2 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 3 the government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any 7 payments made shall be delivered to Plaintiff’s counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA 12 attorney fees in connection with this action. 13 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 14 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 16 Respectfully submitted, 17 Dated: July 14, 2020 /s/ Stuart T. Barasch by Chantal R. Jenkins* 18 STUART T. BARASCH As authorized via email on July 14, 2020 19 Attorney for Plaintiff 20 21 Dated: July 14, 2020 MCGREGOR W. SCOTT 22 United States Attorney DEBORAH LEE STACHEL 23 Regional Chief Counsel, Region IX 24 Social Security Administration 25 26 By: /s/ Chantal R. Jenkins CHANTAL R. JENKINS 27 Special Assistant United States Attorney 28 1 IT IS SO ORDERED. 2 Dated: July 15, 2020 /s/ Gary S. Austin 3 UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28