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

1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM 3 P.O. Box 590881 San Francisco, CA 94159 4 Phone: 866-342-6180 5 Fax: 415-500-4081 jmetsker@metskerlaw.com 6 Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OTIS A. STONE, No. 2:19-cv-01018-CKD 12 Plaintiff, 13 STIPULATION AND ORDER FOR THE v. AWARD OF ATTORNEY FEES 14 PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, 15 Commissioner of Social Security, TO JUSTICE ACT, 28 U.S.C. § 2412(d) 16 Defendant. 17 18 IT IS HEREBY STIPULATED by and between the parties through their 19 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees under the Equal Access to Justice Act (EAJA) in the amount of FIVE 22 23 THOUSAND DOLLARS ($5,000.00). This amount represents compensation for 24 all legal services rendered and costs incurred on behalf of Plaintiff, to date, by 25 counsel in connection with this civil action, in accordance with 28 U.S.C. 26 27 § 2412(d). 28 1 After the Court issues an order for EAJA fees and expenses to Plaintiff, the 2 government will consider the matter of Plaintiff’s assignment of EAJA fees and 3 expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), 4 5 the ability to honor the assignment will depend on whether the fees, expenses are 6 subject to any offset allowed under the United States Department of the Treasury’s 7 Offset Program. After the order for EAJA fees and expenses is entered, the 8 9 government will determine whether they are subject to any offset. 10 Fees and expenses shall be made payable to Plaintiff, but if the Department 11 12 of the Treasury determines that Plaintiff does not owe a federal debt, then the 13 government shall cause the payment of fees to be made directly to the Metsker Law 14 Firm, pursuant to the assignment executed by Plaintiff. Any payments made shall 15 16 be delivered to Plaintiff’s counsel. 17 This stipulation constitutes a compromise settlement of Plaintiff's request for 18 EAJA attorney fees and expenses, and does not constitute an admission of liability 19 20 on the part of Defendant under the EAJA. Payment of the agreed amount shall 21 constitute a complete release from, and bar to, any and all claims that Plaintiff 22 and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in 23 24 connection with this action. 25 ///// 26 ///// 27 28 ///// | This award is without prejudice to the rights of Plaintiff's counsel to seek 2 Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset 3 4 | provisions of the EAJA. 5 6 Respectfully submitted, 7 8 | Dated: December 3, 2020 /s/ John David Metsker 9 John David Metsker Attorney for Plaintiff 10 1 MCGREGOR W. SCOTT United States Attorney 12 13 | Dated: December 3, 2020 /s/ Tina L. Naicker* TINA L. NAICKER 14 *As authorized via email on 15 December 3, 2020 Special Assistant United States Attorney 16 Attorneys for Defendant 17 18 ORDER 19 Pursuant to the parties’ stipulation, IT IS SO ORDERED. Dated: December 8, 2020 fet) 4 / 2 i, 71 CANO /- Le (g-— — eS EE Oe 22 CAROLYN K. DELANEY 3 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28