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

1 HADLEY & FRAULOB 2 A Professional Law Corporation 230 Fifth Street 3 Marysville, CA 95901 (916) 743-4458 4 FAX (530) 743-5008 5 JOSEPH C. FRAULOB – CA State Bar #194355 6 Attorney For Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 RETH DIM, 10 CIV. NO. 2:19-CV-02570-AC Plaintiff, 11 vs. STIPULATION FOR AWARD OF EAJA FEES 12 COMMISSIONER OF SOCIAL SECURITY, 13 14 Defendant. 15 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 16 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 17 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of four thousand, six 18 hundred and eighty-eight dollars and sixty-seven cents ($4688.67). This amount represents 19 compensation for all legal services rendered on behalf of Plaintiff by his counsel in connection 20 with this civil action, in accordance with 28 U.S.C. 2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 22 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 23 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 26 determine if it is subject to any offset. 27 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 28 determines that Plaintiff does not owe a federal debt, then the government shall cause the WwOAOD 2.497 VV UO MVVULILICEI 2 VeIVosicy rPayet ¢vic 1 |} payment of fees and costs to be made directly to Plaintiff's counsel Joseph C. Fraulob, pursuant 2 || to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’ s 3 || counsel Joseph C. Fraulob. 4 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 5 || attorney fees and does not constitute an admission of liability on the part of Defendant under the 6 || EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 7 || and all claims that Plaintiff and/or Plaintiff’ s counsel may have relating to EAJA attorney fees 8 || and/or costs in connection with this action. 9 10 DATE: September 3, 2020 By /s/ Joseph C. Fraulob JOSEPH C. FRAULOB 2 Attorney for plaintiff 13 DATE: September 3, 2020 McGREGOR W. SCOTT 14 United States Attorney DEBORAH LEE STACHEL 16 Regional Chief Counsel, Region IX Social Security Administration 17 18 By 4/ Ellinor R. Coder (*authorized via e-mail on September 3, 2020) 19 ELLINOR R. CODER Special Assistant U.S. Attorney 20 Attorneys for Defendant 22 23 ORDER 24 APPROVED AND SO ORDERED 25 || DATED: September 8, 2020 Aare 27 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 28