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

1 JOHN V. JOHNSON Attorney for Plaintiff 2 McGregor W. Scott United States Attorney 3 DEBORAH LEE STACHEL, Bar No. 230138 Regional Chief Counsel, Region IX 4 Daniel Talbert Special Assistant United States Attorney 5 6 Social Security Administration 160 Spear Street, Suite 800 7 San Francisco, California 94105 Telephone: (415) 977-8995 8 Facsimile: (415) 744-0134 E-Mail: daniel.talbert.@ssa.gov 9 Attorney for Defendant 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 13 14 JAMIE MARGARET MIDWOOD, ) No. 2:19-cv-01451 DB ) 15 Plaintiff, ) STIPULATION AND ORDER ) FOR ATTORNEY’S FEES PURSUANT 16 vs. ) TO 28 U.S.C. SECTION 2412(d) ) 17 ANDREW SAUL, commissioner ) of the Social Security Administration, ) 18 ) ) 19 Defendant. ) __________________________________________ ) 20 21 It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval 22 of the Court, that Jamie Margaret Midwood, will be awarded attorney fees in the amount of SIX THOUSAND 23 EIGHT HUNDRED SIXTY and NO CENTS DOLLARS ($6,860.00) under the Equal Access to Justice Act 24 (EAJA), 28 U.S.C. section 2412(d). This amount represents compensation for all legal services rendered on behalf 25 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. section 2412(d). 26 After the Court issues an order for EAJA fees to Jamie Margaret Midwood, the Defendant will consider 27 any assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), 28 1 1 and the ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under 2 the United States Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Defendant 3 will determine whether they are subject to any offset. 4 Fees shall be made payable to Jamie Margaret Midwood, but if the Department of the Treasury determines 5 that Jamie Margaret Midwood, does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to John V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be 7 delivered directly to John V. Johnson. 8 This stipulation constitutes a compromise settlement of Jamie Margaret Midwood’s request for EAJA 9 attorney fees and does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of 10 the agreed amount shall constitute complete release from, and bar to, any and all claims that Jamie Margaret 11 Midwood, and/or John V. Johnson may have relating to EAJA attorney fees in connection with this action. This 12 award is without prejudice to the rights of John V. Johnson to seek Social Security Act attorney fees under 42 13 U.S.C. Section 406(b) subject to the savings clause provisions of EAJA. 14 Respectfully Submitted, 15 DATED: November 2, 2020 / s / John V. Johnson (As authorized 16 johnvjohnson@sbcglobal.net) John V. Johnson 17 Attorney for Plaintiff 18 DATED: November 2, 2020 McGREGOR W. SCOTT United States Attorney 19 DEBORAH L. STACHEL Regional Chief Attorney, Region IX 20 Social Security Administration 21 By: / s / Daniel Talbert DANIEL TALBERT 22 Special Assistant U.S. Attorney Attorney for Defendant 23 24 ORDER 25 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 26 DATED: November 4, 2020 /S/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28