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

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ANA MARIE CALLERES, No. 1:19-CV-00513 (EPG) 11 Plaintiff, 12 v. STIPULATION AND [PROPOSED] 13 ORDER FOR AWARD AND PAYMENT ANDREW SAUL, OF ATTORNEYS FEES PURSUANT TO 14 COMMISSIONER OF THE EQUAL ACCESS TO JUSTICE ACT SOCIAL SECURITY, (28 U.S.C. §2412(d)) 15 Defendant. (ECF No. 27) 16 17 18 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 19 attorneys, subject to the approval of the Court, that Ana Marie Calleres (Plaintiff) be awarded 20 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the amount 21 of seven thousand three hundred and fifty-three dollars and twenty-seven cents ($7,353.27). This 22 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 23 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 24 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 26 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 27 attorney fees are subject to any offset allowed under the United States Department of the 28 1 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 2 determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 5 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 6 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 7 made shall be delivered to Plaintiff’s counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees and does not constitute an admission of liability on the part of Defendant under 10 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 11 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 12 and expenses in connection with this action. 13 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 14 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 15 Respectfully submitted, 16 Dated: September 21, 2020 NEWEL LAW 17 18 By: Melissa Newel 19 Melissa Newel Attorney for Plaintiff 20 ANA MARIE CALLERES 21 22 Dated: September 21, 2020 MCGREGOR W. SCOTT United States Attorney 23 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 24 Social Security Administration 25 By: Asim H. Modi* 26 ASIM H. MODI (*Authorized by email dated 09/21/2020 27 Special Assistant U.S. Attorney Attorneys for Defendant 28 4:40 VV VEY EUR YS MMIC LO PU rete POY VM VI 1 ORDER 2 IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. $2412, fees in the amount of ; seven thousand three hundred and fifty-three dollars and twenty-seven cents ($7,353.27) be awarded subject to the terms of the Stipulation (ECF No. 27). 7 | ITISSO ORDERED. | Dated: _ September 21, 2020 [Jee Py — 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28