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

1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94704 3 (510) 316-3827 4 mnewel@newellawfirm.com 5 Attorney for Plaintiff KHAMPHET VILAVONG 6 7 MCGREGOR W. SCOTT United States Attorney 8 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 9 CHANTAL JENKINS Social Security Administration 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (415) 977-8931 12 chantal.jenkins@ssa.gov 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 KHAMPHET VILAVONG., No. 1:19-CV-00607 (SKO) 18 Plaintiff, 19 v. STIPULATION AND ORDER FOR 20 AWARD AND PAYMENT OF ANDREW SAUL, ATTORNEYS FEES PURSUANT TO THE 21 COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT (28 SOCIAL SECURITY, U.S.C. §2412(d)) 22 Defendant. (Doc. 23) 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Khamphet Vilavong (Plaintiff) be awarded 3 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the amount 4 of five thousand nine hundred and eight dollars ($5,908). This represents compensation for legal 5 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 6 accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 3 Respectfully submitted, 4 Dated: November 2, 2020 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 KHAMPHET VILAVONG 9 10 Dated: November 2, 2020 MCGREGOR W. SCOTT United States Attorney 11 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 Social Security Administration 13 By: Chantal Jenkins* 14 CHANTAL JENKINS (*Authorized by email dated 10/30/2020) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 ORDER 19 Based upon the parties’ above “Stipulation for the Award and Payment of Attorney’s Fees 20 Under the Equal Access to Justice Act (EAJA) (28 U.S.C. §2412(d))” (the “Stipulation”) (Doc. 23), 21 IT IS ORDERED that attorney’s fees in the amount of FIVE THOUSAND NINE HUNDRED 22 EIGHT DOLLARS AND 00/100 ($5,908.00), as authorized under the Equal Access to Justice Act 23 (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 24 25 IT IS SO ORDERED. 26 Sheila K. Oberto 27 Dated: November 3, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 28