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

1 NANCY K. McCOMBS (CSBN 163629) Law Office of McCombs and Abel 2 12 Geary Street, Suite 201 San Francisco, California 94108 3 Telephone: (415) 678-2626 E-mail: nmccombslaw@gmail.com 4 Attorney for Plaintiff 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 FELICIANA CASTRO ) Civil No. 2:19-CV-01424-KJN 10 ) Plaintiff, ) STIPULATION AND ORDER FOR 11 ) ATTORNEY FEES PURSUANT TO THE ) EQUAL ACCESS TO JUSTIC ACT v. 12 ) ) 13 ANDREW M. SAUL, ) Commissioner of Social Security, ) 14 ) 15 Defendant 16 Plaintiff, Feliciana Castro, by and through her attorney, Nancy McCombs, and 17 Defendant, Andrew M. Saul, Commissioner of Social Security, by and through Attorneys, 18 McGregor Scott, United States Attorney for the Eastern District of California, Ellinor R. Coder, 19 Special Assistant United States Attorney, and Deborah Lee Stachel, Regional Chief Counsel, 20 Region IX, for said district, jointly stipulate that the court award attorney fees and expenses 21 under the Equal Access to Justice Act, 28, U.S.C. § 2412, to Plaintiff in the amount of $5,937.41 22 and filing costs in the amount of $400.00 under 28 U.S.C. § 1920, which is a total award of 23 $6337.41. This amount represents compensation for all legal services rendered on behalf of 24 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 25 1920; 2412(d). 1 After the Court issues order for EAJA fees to Plaintiff, the government will consider the 2 matter of the Plaintiff’s assignment of EAJA fees to Nancy McCombs. Pursuant to Astrue v. 3 4 Ratliff, 560 U.S. 586, 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 5 assignment will depend on whether the fees are subject to any offset allowed under the United 6 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 7 the government will determine whether they are subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 9 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 10 expenses and costs to be made directly to Nancy McCombs, pursuant to the assignment executed 11 by Plaintiff. Any payments made shall be delivered to Nancy McCombs. 12 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 13 Attorney fees, and does not constitute an admission of liability on the part of Defendant under 14 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 15 and bar to, any and all claims that Plaintiff and Nancy McCombs, including the Law Office of 16 17 McCombs and Abel have relating to EAJA attorney fees in connection with this action. 18 The parties hereby request that the court enter an order awarding the Plaintiff attorney 19 fees and expenses in the amount of $5,937.41 and filing costs in the amount of $400.00, which 20 totals $6337.41, in settlement of any and all claim he may have in the matter pursuant to EAJA. 21 22 DATE: August 17, 2020 /s/ Nancy K. McCombs NANCY K. McCOMBS, 23 Plaintiff’s Attorney 24 25 WOO 2.497 TOT MVUULLICIIL CY PHtUu VOrewcy rayet vviiv DATE: August 17, 2020 /s/ Ellinor R. Coder ELLINOR R. CODER 5 Special Assistant Unites States Attorney McGREGOR SCOTT 3 United States Attorney for the Eastern District of California 4 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 5 6 ORDER 7 Pursuant to the stipulation, IT IS ORDERED that attorney fees in the amount of g || $5,937.41, as authorized by 28 U.S.C. § 2412, and filing costs in the amount of $400.00, as 9 || authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 19 || Dated: August 19, 2020 LL Al Norn EENDALLJ. WEA te UNITED STATES MAGISTRATE JUDGE 13 cast.1424 14 15 16 17 18 19 20 21 22 23 24 25