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

WwOAOW 2.1000 V VIVO VAAIVE WINE MVVULTICEI ow PHUMUu VOoruicy rPayet +viv 1 || HARVEY P. SACKETT (72488) 2 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 7 Attorney for Plaintiff g ||/as 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 2 TEENA S. FERRERRA, ) Case No.: 2:18-cv-03081-JAM-CKD ) 13 Plaintiff, ) STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF 14 v. ) ATTORNEY FEES PURSUANT TO 1s ) THE EQUAL ACCESS TO JUSTICE ANDREW SAUL, ) ACT, 28 U.S.C. § 2412(d) 16 Commissioner of Social Security, ) ) 17 Defendant. 18 ) 19 20 On June 22, 2020 this Court issued an order reversing the final decision of the 91 || Defendant, Andrew Saul, the Commissioner of Social Security (Commissioner), with a remand 99 || fora rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered. 23 In the interest of administrative and judicial economy, the parties have agreed to stipulate 94 || that an award of FIVE THOUSAND FIFTY ($5,050.00) in attorney fees under the Equal Access 25 || to Justice Act (EAJA), 28 U.S.C. § 2412(d), is reasonable. This award is without prejudice to 26 || Plaintiff’s right to seek attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. 27 28 STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 2 complete release from and bar to any claims Plaintiff may have relating to EAJA fees and costs. 3 Further, such award shall not be used as precedent in any future cases, nor be construed as a 4 concession by the Commissioner that the original administrative decision denying benefits to 5 Plaintiff was not substantially justified. 6 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 7 the matter of Plaintiff’s assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 8 Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether 9 the fees are subject to any offset allowed under the United States Department of the Treasury’s 10 Offset Program. After the order for EAJA is entered, the Government will determine whether 11 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 12 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 13 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 14 assignment executed by Plaintiff. Any payments made shall be delivered and made payable to 15 Counsel. 16 Accordingly, Defendant agrees to pay Plaintiff $5,050.00 in attorney’s fees. 17 All parties whose signature lines appear in this document have consented to its filing. 18 This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 19 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 20 provisions of the EAJA. 21 22 Dated: July 31, 2020 SACKETT AND ASSOCIATES 23 /s/ HARVEY P. SACKETT 24 HARVEY P. SACKETT Attorney for Plaintiff 25 TEENA S. FERRERRA 26 27 28 2 2 United States Attorney 3 BY: /S/MARCELO N. ILLARMO MARCELO N. ILLARMO 4 Special Assistant United States Attorney Attorneys for Defendant 5 [*as authorized by e-mail on 7/28/20] 6 7 8 ORDER 9 Pursuant to the stipulation, IT IS SO ORDERED. 10 11 Dated: August 5, 2020 /s/ John A. Mendez_______________________ 12 JOHN A. MENDEZ 13 UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3