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

1 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration DANIEL P. TALBERT 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 Telephone: (415) 977-8955 6 Facsimile: (415) 744-0134 Attorneys for Defendant 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 13 EDITH LILLIAN SISCO, ) ) CIVIL NO. 1:19−CV−01277-AWI-SKO Plaintiff, ) STIPULATION FOR THE AWARD AND 14 ) PAYMENT OF ATTORNEY FEES AND 15 v. ) ) E AX CP CE EN SS SE TS O P JU UR SS TU ICA EN AT CT TO , 2T 8H UE . SE .Q CU . §A L 16 ANDREW SAUL, ) ) 2 24 81 U2 .( Sd .) C, A . §N 1D 9 2C 0O ; S OT RS D P EU RR SUANT TO 17 C ommi Dss eio fen ne dr ao nf t .S ocial Security, ) ) ) 18 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Edith Lillian Sisco (Plaintiff) be awarded 22 attorney fees and expenses in the amount of seven thousand three hundred and forty-four dollars 23 24 ($7,344.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs. 25 This amount represents compensation for all legal services rendered on behalf of Plaintiff by 26 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 27 28 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 1 2 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v. 3 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 4 assignment will depend on whether the fees are subject to any offset allowed under the United 5 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 6 the government will determine whether they are subject to any offset. 7 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 Plaintiff’s counsel, pursuant to the assignment 11 executed by Plaintiff. Any payments made shall be delivered to Chermol & Fishman, LLC, 12 13 11450 Bustleton Avenue, Philadelphia, PA 19116. 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 the 16 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 17 bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel including David F. Chermol, 18 19 Esq., Chermol & Fishman, LLC, Helen R. Zane, Esq., and Law Offices of Helen R. Zane may 20 have relating to EAJA attorney fees in connection with this action. 21 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 22 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 23 24 Respectfully submitted this 4rd day of September 2020. 25 26 Dated: September 4, 2020 By: /s/ David F. Chermol* CHERMOL & FISHMAN, LLC 27 Attorney for Plaintiff *Authorized via e-mail 28 1 2 Dated: September 4, 2020 McGREGOR W. SCOTT 3 United States Attorney DEBORAH LEE STACHEL 4 Regional Chief Counsel, Region IX Social Security Administration 5 6 By: /s/ Daniel P. Talbert DANIEL P. TALBERT 7 Special Assistant United States Attorney 8 Attorneys for Defendant 9 10 ORDER 11 12 Based upon the parties’ above “Stipulation for the Award and Payment of Attorney Fees 13 Under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d), and Costs Pursuant to 28 14 U.S.C. § 1920” (the “Stipulation”) (Doc. 25), IT IS ORDERED that attorney’s fees in the 15 amount of SEVEN THOUSAND THREE HUNDRED AND FORTY-FOUR DOLLARS AND 16 00/100 ($7,344.00), as authorized under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 17 18 2412(d), and no costs, be awarded subject to the terms of the Stipulation. 19 IT IS SO ORDERED. 20 Sheila K. Oberto Dated: September 4, 2020 /s/ . 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28