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

BARBARA MARIE RIZZO (CSBN 172999) 1 Attorney at Law P. O. Box 383103 2 Waikoloa, HI 96738 Telephone: 808-785-6088 3 Fax: 808-440-0699 E-Mail: mail@fedlaborlaw.com 4 Attorney for Plaintiff Casey Morgan 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ____________________________________ 9 ) CASEY MORGAN, ) Case No.: 2:20-CV-0252-EFB 10 ) Plaintiff, ) 11 ) STIPULATION AND ORDER APPROVING v. ) SETTLEMENT OF ATTORNEY FEES AND 12 ) COSTS PURSUANT TO THE EQUAL ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 13 Commissioner of Social Security, ) 28 U.S.C. §2412(d) ) 14 Defendant. ) ____________________________________) 15 IT IS HEREBY STIPULATED by and between the parties, through their 16 undersigned counsel, subject to the Court's approval, that Plaintiff be awarded 17 SIX THOUSAND FOUR HUNDRED THIRTY-EIGHT DOLLARS AND TEN CENTS ($6,438.10) under 18 the Equal Access to Justice Act ("EAJA"), consisting of SIX THOUSAND FOUR 19 HUNDRED DOLLARS ($6,400.00) in attorney fees and THIRTY-EIGHT DOLLARS AND TEN 20 CENTS ($38.10) in expenses, and zero costs. These amounts represent 21 compensation for legal services rendered on behalf of Plaintiff by counsel in 22 connection with this civil action, in accordance with 28 U.S.C. §§1920, 23 2412(d). 24 After the Court issues an order for EAJA fees and costs to Plaintiff, the 25 Government will consider the matter of Plaintiff's assignment of EAJA fees and 26 costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 27 (2010), the ability to honor the assignment will depend on whether the fees are 28 subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and costs is entered, 1 the Government will determine whether the fees are subject to any offset. If 2 the Department of the Treasury determines that Plaintiff does not owe a federal 3 debt, the Government shall cause the payment of fees and costs to be made 4 directly to Barbara Marie Rizzo, pursuant to the assignment executed by 5 Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 6 This stipulation constitutes a compromise settlement of Plaintiff's 7 request for EAJA attorney fees and costs and does not constitute an admission 8 of liability on the part of Defendant under the EAJA. Payment of the agreed 9 amount shall constitute a complete release from, and bar to, any and all claims 10 that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney 11 fees and costs in connection with this action. 12 This award is without prejudice to the rights of Plaintiff's counsel to 13 seek attorney fees pursuant to the Social Security Act, 42 U.S.C. §406(b), 14 subject to the offset provisions of the EAJA. 15 Respectfully submitted, 16 17 Dated: August 3, 2020 “/s/Barbara Marie Rizzo” BARBARA MARIE RIZZO 18 Attorney for Plaintiff 19 Dated: August 3, 2020 "/s/Marcelo N. Illarmo" 20 MARCELO N. ILLARMO (As authorized via e-mail) 21 Special Assistant United States Attorney Attorney for Defendant 22 Andrew Saul, Commissioner of Social Security 23 24 25 26 27 28 WACO 42.40 UV VVeVoO LI PVUULIICIIL LO VOrmuwcy Payee vviv PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded 5 attorney fees in the amount of SIX THOUSAND FOUR HUNDRED DOLLARS ($6,400.00) 3 and expenses in the amount of THIRTY-EIGHT DOLLARS AND TEN CENTS ($38.10), as 4 authorized by 28 U.S.C. §§ 1920, 2412(d), subject to the terms of the above referenced Stipulation. 5 IT IS SO ORDERED. 6 Dated: August 5, 2020. 4 © 44 3%—_—__ 8 HON. EDMUND F. BRENNAN United States Magistrate Judge 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 2A 25 26 27 28 STIPULATION FOR EAJA FEES, Case No. 2:20-cv-0252-EFB