(SS) Bade 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 FRESNO DIVISION 12 13 14 MARNIE BADE, ) ) CIVIL NO. 1:19-cv-01808-BAM Plaintiff, ) STIPULATION AND 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 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 22 expenses in the amount of one thousand, two hundred forty-one dollars and 75 cents, 23 ($1,241.75) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs 24 under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered 25 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 26 U.S.C. §§ 1920; 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to Counsel. Pursuant to Astrue v. Ratliff, 560 1 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 2 depend on whether the fees are subject to any offset allowed under the United States 3 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 4 government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to Counsel Bess M. Brewer, pursuant to the assignment 8 executed by Plaintiff. Any payments made shall be delivered to Counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under 11 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 12 and bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s firm, may have 13 14 relating to EAJA attorney fees in connection with this action. 15 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek 16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 17 provisions of the EAJA. 18 Respectfully submitted, 19 Dated: December 10, 2020 /s/ Bess M. Brewer* 20 (*as authorized via e-mail on Dec. 10, 2020) BESS M. BREWER 21 Attorney for Plaintiff 22 Dated: December 10, 2020 McGREGOR W. SCOTT 23 United States Attorney DEBORAH LEE STACHEL 24 Regional Chief Counsel, Region IX Social Security Administration 25 26 By: /s/ Ellinor R. Coder ELLINOR R. CODER 27 Special Assistant U.S. Attorney Attorneys for Defendant 28 1 2 ORDER 3 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 4 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 5 of one thousand, two hundred forty-one dollars and 75 cents, ($1,241.75) as authorized by 28 6 U.S.C. § 2412, and no costs authorized by 28 U.S.C. § 1920, be awarded subject to the terms of 7 the Stipulation. 8 9 IT IS SO ORDERED. 10 Dated: December 11, 2020 /s/ Barbara A. McAuliffe _ 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28