(SS) Suon 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 S. WYETH McADAM, CSBN 223876 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 268-5610 Facsimile: (415) 744-0134 7 E-Mail: Wyeth.McAdam@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 ) Case No.: 2:19-cv-01654-KJN 13 SARATH SUON, ) ) STIPULATION AND ORDER FOR THE 14 Plaintiff, ) AWARD OF FEES UNDER THE EQUAL ) ACCESS TO JUSTICE ACT 15 vs. ) ANDREW SAUL, ) 16 Commissioner of Social Security, ) ) 17 ) Defendant. ) 18 ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Sarath Suon be 22 awarded attorney fees and expenses in the amount of five thousand, four hundred 23 and seventy seven dollars and seventy cents ($5,477.70) under the Equal Access 24 to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 25 compensation for all legal services rendered on behalf of Plaintiff by counsel in 26 connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 27 After the Court issues an order for EAJA fees to Sarath Suon, the 28 government will consider the matter of Sarath Suon’s assignment of EAJA fees 1 to Jared Thomas Walker, Esq. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 2 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 3 depend on whether the fees are subject to any offset allowed under the United 4 States Department of the Treasury’s Offset Program. After the order for EAJA 5 fees is entered, the government will determine whether they are subject to any 6 offset. 7 Fees shall be made payable to Sarath Suon, but if the Department of the 8 Treasury determines that Sarath Suon does not owe a federal debt, then the 9 government shall cause the payment of fees, expenses and costs to be made 10 directly to Jared Thomas Walker, Esq., pursuant to the assignment executed by 11 Sarath Suon. Any payments made shall be delivered to Jared Thomas Walker, 12 Esq. 13 This stipulation constitutes a compromise settlement of Sarath Suon’s 14 request for EAJA attorney fees, and does not constitute an admission of liability 15 on the part of Defendant under the EAJA or otherwise. Payment of the agreed 16 amount shall constitute a complete release from, and bar to, any and all claims 17 that Sarath Suon and/or Jared Thomas Walker, Esq. including Law Office of 18 Jared T. Walker, PC may have relating to EAJA attorney fees in connection with 19 this action. 20 21 /// 22 23 /// 24 25 /// 26 27 28 WOOD 2.497 VVOVLYSTINGIN MVVULITICEIt oY PHM vuIcy rayet vviiv 1 This award is without prejudice to the rights of Jared Thomas Walker, Esq. 2 |}and/or Law Office of Jared T. Walker, PC to seek Social Security Act attorney 3 ||fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 4 ||EAJA. 5 The parties request that in light of this stipulation, Plaintiff's Motion for 6 || Attorney’s Fees filed on September 21, 2020, Doc. 22, be denied as moot. 7 8 Respectfully submitted, ? Dated: September 29, 2020 /s/ Jared Thomas Walker * 10 (*as authorized via e-mail on September 29, 2020) Jared Thomas Walker 11 Attorney for Plaintiff 12 Dated: September 29, 2020 McGREGOR W. SCOTT 13 United States Attorney DEBORAH LEE STACHEL 14 Regional Chief Counsel, Region IX 15 Social Security Administration 16 By: s/S. Wyeth McAdam S. WYETH McADAM 17 Special Assistant U.S. Attorney 18 Attorneys for Defendant 19 0 ORDER Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and 22 || Expenses, IT IS ORDERED that fees and expenses in the amount of $5,477.70 as authorized by 23 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 24 Dated: September 30, 2020 25 fy’ EENDALLJ. WEA 7 UNITED STATES MAGISTRATE JUDGE suon.1654 28 Stip; 2:19-cv-01654-KJN