(SS) Shaw 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 ASIM H. MODI, NYSBN 4692018 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 415-977-8952 Facsimile: 415-744-0134 7 Email: asim.modi@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 STACY SHAW, ) Case No.: 2:17-cv-01355-DMC ) 14 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF 15 v. ) ATTORNEY FEES AND EXPENSES 16 ) PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, ) TO JUSTICE ACT, 28 U.S.C. § 2412(d) 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 be awarded attorney fees and 22 expenses in the amount of NINE THOUSAND EIGHT HUNDRED DOLLARS ($9,800) under 23 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 25 this civil action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel, Jesse Kaplan. Pursuant 28 to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to 1 honor the assignment will depend on whether the fees are subject to any offset allowed under the 2 United States Department of the Treasury’s Offset Program. After the order for EAJA fees is 3 entered, the government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 6 expenses and costs to be made directly to Plaintiff’s counsel, pursuant to the assignment 7 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Jesse 8 Kaplan. 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 Plaintiff’s counsel may have relating to EAJA 13 attorney fees in connection with this action. This award is without prejudice to the rights of 14 Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to 15 the savings clause provisions of the EAJA. 16 17 Respectfully submitted, 18 Date: August 21, 2020 JESSE S. KAPLAN 19 20 By: /s/ Asim H. Modi for Jesse S. Kaplan* JESSE S. KAPLAN 21 *Authorized by email on August 21, 2020 Attorney for Plaintiff 22 23 Date: August 21, 2020 McGREGOR W. SCOTT United States Attorney 24 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 25 Social Security Administration 26 By: /s/ Asim H. Modi 27 ASIM H. MODI 28 Special Assistant United States Attorney Attorneys for Defendant WAS POV VLOGS OP POO ve OY VU VI 1 ORDER 3 APPROVED AND SO ORDERED 5 || Dated: September 1, 2020 6 DENNIS M. COTA 7 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28