(SS) Simmons. Jr. v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 8 JOHN JOSEPH SIMMONS, ) CASE NO.: 1:19-CV-1162 EPG 9 ) Plaintiff, ) STIPULATION AND PROPOSED 10 ) ORDER FOR AWARD v. ) OF EAJA FEES 11 ) ) (ECF No. 22) 12 ANDREW SAUL1, Commissioner of) Social Security Administration, ) 13 ) Defendant. ) 14 ______________________________ ) 15 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 16 counsel of record, and subject to the approval of the Court, that Plaintiff be awarded attorney 17 fees under the Equal Access to Justice Act ("EAJA”), 28 U.S.C., Section 2412(d), in the amount 18 of TWO THOUSAND SEVEN HUNDRED THREE DOLLARS and 09/cents ($2,703.09) (the 19 “Agreed Amount”). The Agreed Amount represents compensation for all legal services rendered 20 on behalf of Plaintiff by Plaintiff’s attorney in connection with this civil action for services 21 performed before the district court through remand, in accordance with 28 U.S.C. § 2412 (d). 22 23 24 25 1 Andrew Saul is now the Commissioner of the Social Security Administration. 26 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Andrew Saul should be substituted for Acting Commissioner Nancy A. Berryhill as the defendant in this suit. No further 27 action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 28 1 After the Court issues an order for EAJA Fees and expenses to Plaintiff, the government 2 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s 3 counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 4 (2010), the ability to honor the assignment will depend on whether the fees and expenses are 5 subject to any offset allowed under the United States Department of Treasury’s Offset Program. 6 After the order for EAJA Fees and expenses is entered, the government will determine whether 7 they are subject to any offset. 8 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 9 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees and expenses to be made directly to Plaintiff’s counsel, pursuant to the 11 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 12 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 13 attorney’s fees and expenses, and does not constitute an admission of liability on the part of 14 Defendant under the EAJA. 15 Payment of the Agreed Amount shall constitute a complete release from, and bar to, any 16 and all claims Plaintiff and/or Plaintiff’s Counsel may have relating to EAJA attorney fees and 17 expenses in connection with this action. 18 This award is without prejudice to the rights of Plaintiff’s counsel, if any, to seek Social 19 Security Act attorney fees authorized by 42 U.S.C. § 406(b), subject to the provisions of the 20 EAJA. 21 DATED: October 16, 2020 LAW OFFICES OF WILLIAM M. KUNTZ /s/ William M. Kuntz 22 William M. Kuntz Attorney at Law 23 Attorney for Plaintiff JOHN JOSEPH SIMMONS 24 25 26 27 28 1 |}DATED: October 16, 2020 2 MCGREGOR W. SCOTT 3 United States Attorney DEBORAH LEE STACHEL 4 Regional Chief Counsel 5 /s/ - Ellinor Coder by 6 WILLIAM M. KUNTZ ELLINOR CODER 7 Special Assistant United States Attorney Attorneys for Defendant 8 [*By e-mail authorization on October 16, 2020] 9 10 ORDER 11 TT 2 Based upon the parties’ Stipulation for Award and Payment of Equal Access to Justice 13 Tl Act (EAJA) Fees (“Stipulation”) (ECF No. 22) and as set forth above, M4 IT IS ORDERED that Plaintiff shall be awarded attorney fees under the Equal Access to 's Justice Act, ("EAJA”’) in the amount of TWO THOUSAND SEVEN HUNDRED THREE 16 DOLLARS and 09/cents ($2,703.09), as authorized by 28 U.S.C. § 2412 (d), and subject to the 17 terms and conditions of the Stipulation. 18 19 IS SO ORDERED. 20 ; » || Dated: _October 19, 2020 [sf □□ ey — UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28