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

1 Melissa Newel (CASBN 148563) NEWEL LAW 2 2625 Alcatraz Blvd., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com 5 Attorney for Plaintiff RAMONA LLAMAS 6 7 MCGREGOR W. SCOTT United States Attorney 8 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 9 Social Security Administration MARGARET BRANICK-ABILLA (CSBN 223600) 10 Special Assistant U.S. Attorney 11 160 Spear Street, Suite 800 San Francisco, CA 94105 12 (415) 977-8929 Margaret.Branick-Abilla@ssa.gov 13 Attorneys for Defendant 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 RAMONA LLAMAS, No. 1:19-cv-01548 (SKO) 20 Plaintiff, 21 v. STIPULATION AND ORDER FOR AWARD AND PAYMENT OF 22 ANDREW SAUL, ATTORNEYS FEES PURSUANT TO EAJA COMMISSIONER OF (28 U.S.C. §2412) 23 SOCIAL SECURITY, 24 Defendant. 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Ramona Llamas (Plaintiff) be awarded 3 attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d), in the 4 amount of two thousand five hundred and forty dollars and forty-six cents ($2,540.46). This 5 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the matter of Plaintiff’s 8 assignment of EAJA fees to Plaintiff’s attorney will be considered. Pursuant to Astrue v. Ratliff, 9 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the attorney 10 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 11 Program. After the Order for EAJA fees is entered, the government will determine whether they 12 are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and costs in connection with this action. 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 3 Respectfully submitted, 4 Dated: August 4, 2020 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 RAMONA LLAMAS 9 10 Dated: August 4, 2020 MCGREGOR W. SCOTT United States Attorney 11 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 Social Security Administration 13 By: Margaret Branick-Abilla* 14 MARGARET BRANICK-ABILLA (*Authorized by email dated 07/30/2020) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 ORDER 19 Based upon the parties’ above stipulation, for good cause shown, attorney’s fees in the 20 amount of two thousand five hundred and forty dollars and forty-six cents ($2,540.46) under 21 the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d) shall be awarded to Plaintiff subject 22 to the terms of the Stipulation. 23 24 IT IS SO ORDERED. 25 Sheila K. Oberto Dated: August 4, 2020 /s/ . 26 UNITED STATES MAGISTRATE JUDGE 27 28