(SS) Welsh 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 IN SEON JEONG, CSBN 291908 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 415-977-8984 Facsimile: 415-744-0134 7 Email: inseon.jeong@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 PENNY L. WELSH, ) Case No. 2:19-cv-02317-CKD 14 ) Plaintiff, ) 15 ) STIPULATION AND ORDER FOR THE 16 vs. ) AWARD AND PAYMENT OF ) ATTORNEY FEES AND EXPENSES 17 ANDREW SAUL, ) PURSUANT TO THE EQUAL ACCESS Commissioner of Social Security, ) 18 TO JUSTICE ACT, 28 U.S.C. § 2412(d), ) AND COSTS PURSUANT TO 28 U.S.C. § 19 Defendant. ) 1920 ) 20 ) 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 3 in the amount of FOUR THOUSAND FOUR HUNDRED dollars ($4,400) under the Equal 4 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND costs in the amount of SIXTEEN 5 dollars and EIGHTY cents ($16.80) under 28 U.S.C. § 1920. This amount represents 6 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 7 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 10 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 11 depend on whether the fees are subject to any offset allowed under the United States Department 12 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 13 determine whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 16 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 17 Plaintiff. Any payments made shall be delivered to counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees, and does not constitute an admission of liability on the part of Defendant under 20 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 21 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 22 relating to EAJA attorney fees in connection with this action. 23 This award is without prejudice to the rights of counsel to seek Social Security Act 24 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 25 This stipulation also serves as notice that Plaintiff withdraws his Motion for Attorney 26 Fees Pursuant to EAJA (Dkt. 19). 27 28 42.497 VV VOVULI WINE’ MVUULTIOCIIL ot Vormtevy rPaye v viv 1 Respectfully submitted, 3 Date: August 27, 2020 OLINSKY LAW GROUP 4 By: /s/ Stuart T. Barasch* STUART T. BARASCH 5 *Authorized by email on August 27, 2020 6 Attorneys for Plaintiff Date: August 27, 2020 McGREGOR W. SCOTT 8 United States Attorney 9 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 10 By: /s/In Seon Jeong 11 IN SEON JEONG 12 Special Assistant United States Attorney Attorneys for Defendant 13 4 Of Counsel for the Defendant: 15 || CASPAR CHAN Assistant Regional Counsel, Region IX 16 M7 ORDER 18 19 APPROVED AND SO ORDERED. The Clerk of Court shall note on the docket that 20 plaintiff's motion for attorney fees (ECF No. 19) has been withdrawn per the above. 21 |! Dated: August 28, 2020 Fs jf i □ ie i AE. f fi 22 CAN fe Kh. eet Se ee ee CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28