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

HADLEY & FRAULOB 1 A Professional Law Corporation 2 230 Fifth Street Marysville, CA 95901 3 (916) 743-4458 FAX (530) 743-5008 4 5 JOSEPH C. FRAULOB – CA State Bar #194355 Attorney For Plaintiff 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 DAVID TIMOTHY AVERY, No. 2:19-cv-00470-DB 10 Plaintiff, 11 STIPULATION AND ORDER FOR vs. AWARD OF EAJA FEES 12 13 ANDREW M. SAUL 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant 16 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 17 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 18 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of four thousand 19 dollars ($4,000.00). This amount represents compensation for all legal services rendered on 20 behalf of Plaintiff by his counsel in connection with this civil action, in accordance with 28 21 U.S.C. 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 24 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 25 whether the fees are subject to any offset allowed under the United States Department of the 26 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 27 determine if it is subject to any offset. 28 1 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause the 3 payment of fees and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant 4 to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s 5 counsel Joseph C. Fraulob. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 7 attorney fees and does not constitute an admission of liability on the part of Defendant under the 8 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 10 connection with this action. 11 DATE: December 6, 2020 By /s/ Joseph Clayton Fraulob 12 JOSEPH CLAYTON FRAULOB 13 Attorney for plaintiff 14 DATE: December 6, 2020 McGREGOR W. SCOTT 15 United States Attorney 16 DEBORAH LEE STACHEL 17 Regional Chief Counsel, Region IX Social Security Administration 18 By /s/ Michael Marriott 19 (*authorized via e-mail on December 6, 2020) 20 MICHAEL MARRIOTT Special Assistant U.S. Attorney 21 Attorneys for Defendant 22 23 ORDER 24 25 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 26 DATED: December 8, 2020 /S/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 27 28