(SS) (CONSENT) Deornellas v. Commissioner of Social Security ( 2020 )

1 MCGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CA 230138 Regional Chief Counsel, Region IX 3 Social Security Administration ELLINOR R. CODER, CA 258258 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 Telephone: (415) 977-8955 6 Facsimile: (415) 744-0134 E-Mail: Ellinor.Coder@ssa.gov 7 Attorneys for Defendant 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 JANET ELLEN DEORNELLAS, ) ) CIVIL NO. 2:20-cv-00022-CKD Plaintiff, ) STIPULATION & ORDER FOR THE 15 v. ) AWARD AND PAYMENT OF ) ATTORNEY FEES AND EXPENSES 16 ANDREW SAUL, ) PURSUANT TO THE EQUAL ACCESS 1 17 8 C ommi Dss eio fen ne dr ao nf t .S ocial Security, ) ) ) ) T A 1 9O N 2D 0J U CS OT SI TC SE PA UC RT S, U2 A8 NU T.S . TC O. § 2 2 84 U12 .S(d .C), . § 19 ) 20 21 IT IS HEREBY STIPULATED by and between the parties through their undersigned 22 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 23 expenses in the amount of twelve thousand dollars and no cents, ($12,000.00) under the Equal 24 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 25 26 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 27 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 28 1 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 2 the matter of Plaintiff’s assignment of EAJA fees to Counsel (Dkt. 18-3). Pursuant to Astrue v. 3 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 4 assignment will depend on whether the fees are subject to any offset allowed under the United 5 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 6 the government will determine whether they are subject to any offset. 7 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 8 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 9 expenses and costs to be made directly to Counsel Robert C. Weems, pursuant to the assignment 10 executed by Plaintiff. Any payments made shall be delivered to Counsel. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 12 attorney fees, and does not constitute an admission of liability on the part of Defendant under 13 14 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 15 and bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s firm, may have 16 relating to EAJA attorney fees in connection with this action. 17 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek 18 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 19 provisions of the EAJA. 20 Respectfully submitted this 7th day of December 2020. 21 22 Respectfully submitted, 23 Dated: December 7, 2020 /s/ Robert C. Weems* 24 (*as authorized via e-mail on Dec. 7, 2020) ROBERT C. WEEMS 25 Attorney for Plaintiff 26 Dated: December 7, 2020 McGREGOR W. SCOTT 27 United States Attorney DEBORAH LEE STACHEL 28 Regional Chief Counsel, Region IX 1 Social Security Administration 2 By: /s/ Ellinor R. Coder ELLINOR R. CODER 3 Special Assistant U.S. Attorney 4 Attorneys for Defendant 6 ORDER 7 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 8 || Justice Act Fees, Costs, and Expenses, IT IS ORDERED that: ? 1. Plaintiff's motion for attorney fees (ECF No. 18) is denied as moot; and 10 2. Fees and expenses in the amount of twelve thousand dollars and no cents, ($12,000.00) as authorized by 28 U.S.C. § 2412, and no costs authorized by 28 12 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 8 Dated: December 8, 2020 Pees /f / a 14 CAN fe hi. 15 CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28