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

Jonathan O. Peña, Esq. 1 CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 3 Fresno, CA 93721 Telephone: 559-439-9700 4 Facsimile: 559-439-9700 5 info@jonathanpena.com Attorney for Plaintiff 6 McGREGOR W. SCOTT 7 United States Attorney 8 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 9 Social Security Administration 10 JENNIFER LEE TARN, CSBN 240609 Special Assistant United States Attorney 11 160 Spear Street, Suite 800 San Francisco, California 94105 12 Telephone: (415) 977-8825 13 Facsimile: (415) 744-0134 E-Mail: Jennifer.Tarn@ssa.gov 14 Attorneys for Defendant 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 17 18 ) Case No.: 1:19-cv-00893-GSA JESSICA ELIZABETH BECKER, ) 19 ) STIPULATION AND ORDER FOR THE Plaintiff, ) AWARD AND PAYMENT OF 20 ) ATTORNEY FEES AND EXPENSES vs. ) PURSUANT TO THE EQUAL ACCESS 21 ANDREW SAUL, Commissioner of ) TO JUSTICE ACT Social Security, ) 22 ) ) 23 Defendant. ) ) 24 25 IT IS HEREBY STIPULATED by and between the parties through their undersigned 26 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 27 expenses in the amount of FOUR THOUSAND EIGHT HUNDRED AND FIFTY- 28 NINE DOLLARS AND TEN CENTS ($4,859.10) under the Equal Access to Justice 1 Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services 2 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 3 with 28 U.S.C. §§ 1920, 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 5 the matter of [Plaintiff]’s assignment of EAJA fees to Plaintiff’s Counsel. Pursuant to Astrue 6 v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 7 assignment will depend on whether the fees are subject to any offset allowed under the United 8 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 9 the government will determine whether they are subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 11 determines that Plaintiff does not owe a federal debt, then the government shall cause the 12 payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment 13 executed by Plaintiff. Any payments made shall be delivered to Counsel. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 15 attorney fees, and does not constitute an admission of liability on the part of Defendant under 16 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 17 from, and bar to, any and all claims that Plaintiff and/or Counsel including Counsel’s firm may 18 have relating to EAJA attorney fees in connection with this action. 19 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek 20 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 21 provisions of the EAJA. 22 Respectfully submitted, 23 Dated: August 18, 2020 By: /s/ Jonathan O. Peña 24 JONATHAN O. PEÑA Attorneys for Plaintiff 25 /// 26 /// 27 /// 28 1 2 Dated: August 21, 2020 McGREGOR W. SCOTT United States Attorney 3 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 4 Social Security Administration 5 By: /s/ Jennifer Lee Tarn * 6 JENNIFER LEE TARN* By email authorization on August 21, 2020 7 Special Assistant U.S. Attorney 8 Attorneys for Defendant 9 10 IT IS SO ORDERED. 11 Dated: August 24, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28