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

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration ELLINOR R. CODER, CSBN 258258 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8955 Facsimile: (415) 744-0134 7 E-Mail: Ellinor.Coder@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 ) Case No.: 1:18-cv-01361-SKO DAVID GROM, ) 13 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 14 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT; ORDER 15 ANDREW SAUL, ) Commissioner of Social Security, ) 16 ) ) 17 Defendant. ) ) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 21 expenses in the amount of five-thousand, one hundred and forty-five dollars and sixty-nine 22 cents ($5,145.69) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This 23 amount represents compensation for all legal services rendered on behalf of Plaintiff by 24 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of [Plaintiff]’s assignment of EAJA fees to Plaintiff’s Counsel. Pursuant to Astrue 27 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 28 assignment will depend on whether the fees are subject to any offset allowed under the United 1 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 2 the government will determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the 5 payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment 6 executed by Plaintiff (Dkt. 25-3 at 3-5). Any payments made shall be delivered to Counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under 9 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 10 from, and bar to, any and all claims that Plaintiff and/or Counsel including Counsel’s firm may 11 have relating to EAJA attorney fees in connection with this action. 12 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek 13 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 14 provisions of the EAJA. 15 Respectfully submitted, 16 Dated: August 21, 2020 17 By: /s/ Kelsey Mackenzie Brown* KELSEY MACKENZIE BROWN 18 * By email authorization on August 21, 2020 19 Attorneys for Plaintiff 20 Dated: August 21, 2020 McGREGOR W. SCOTT United States Attorney 21 DEBORAH LEE STACHEL 22 Regional Chief Counsel, Region IX Social Security Administration 23 24 By: /s/ Ellinor R. Coder ELLINOR R. CODER 25 Special Assistant U.S. Attorney 26 Attorneys for Defendant 27 28 ORDER 1 2 Based upon the parties’ above stipulation, for good cause shown, attorney’s fees in the 3 amount of five thousand one hundred and forty-five dollars and sixty-nine cents ($5,145.69) 4 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) shall be awarded to Plaintiff 5 subject to the terms of the stipulation. In light of this stipulation, Plaintiff’s “Motion for 6 Attorneys Fees and Expenses Under the Equal Access to Justice Act,” (Doc. 25), is denied as 7 8 moot. 9 10 IT IS SO ORDERED. 11 Sheila K. Oberto 12 Dated: August 24, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28