(SS) De Machado 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 MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 7 E-Mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) Case No. 2:19-cv-02402-DMC LIZBETH DE MACHADO, ) 14 ) STIPULATION AND ORDER FOR THE Plaintiff, ) AWARD AND PAYMENT OF 15 ) ATTORNEY FEES PURSUANT TO THE vs. ) EQUAL ACCESS TO JUSTICE ACT, 28 16 ) U.S.C. § 2412(d) ANDREW SAUL, ) 17 Commissioner of Social Security, ) ) 18 ) Defendant. ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff Lizbeth De Machado (Plaintiff) be 22 awarded attorney fees in the amount of ONE THOUSAND, EIGHT HUNDRED, NINETY- 23 EIGHT DOLLARS AND FORTY-NINE CENTS ($1,898.49) under the Equal Access to Justice 24 Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services 25 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 26 28 U.S.C. §§ 1920, 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to counsel Shellie Lott. Pursuant to Astrue v. 1 1 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 2 fees are subject to any offset allowed under the United States Department of the Treasury’s 3 Offset Program. After the order for EAJA fees is entered, the government will determine 4 whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 7 be made directly to counsel Shellie Lott, pursuant to the assignment executed by Plaintiff. Any 8 payments made shall be delivered to counsel Shellie Lott. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or counsel, including but not limited to Shellie Lott 13 and Cerney Kreuze & Lott, LLP, may have relating to EAJA attorney fees in connection with 14 this action. 15 This award is without prejudice to the rights of counsel to seek Social Security Act 16 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 17 Respectfully submitted, 18 Dated: August 10, 2020 CERNEY KREUZE & LOTT, LLP 19 By: /s/ Shellie Lott* 20 SHELLIE LOTT Attorneys for Plaintiff 21 [*As authorized by e-mail on Aug. 10, 2020] 22 Dated: August 12, 2020 McGREGOR W. SCOTT 23 United States Attorney 24 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 25 Social Security Administration 26 By: /s/ Margaret Branick-Abilla 27 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 28 Attorneys for Defendant 2 wOASe 2 LUV MENTE IVINS MVOC I OPEN PAY VM VI 1 2 ORDER 3 |) Pursuant to stipulation, IT IS SO ORDERED. 4 5 Dated: August 12, 2020 Seo 6 DENNIS M. CO UNITED STATES MAGISTRATE JUDGE ; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & [Proposed] Order 2:19-cv-02402-DMC