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

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration ASIM H. MODI, NYSBN 4692018 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 415-977-8952 Facsimile: 415-744-0134 7 Email: asim.modi@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ) No. 2:19-cv-00097-DB 13 LATRINA ORME, ) ) 14 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF 15 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS 16 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d), ANDREW SAUL, ) AND COSTS PURSUANT TO 28 U.S.C. § 17 Commissioner of Social Security, ) 1920 ) 18 ) Defendant. 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 3 in the amount of SEVEN THOUSAND EIGHT HUNDRED dollars ($7,800) under the Equal 4 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND no costs under 28 U.S.C. § 1920. This 5 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 6 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 7 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 9 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 10 depend on whether the fees are subject to any offset allowed under the United States Department 11 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 15 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 16 Plaintiff. Any payments made shall be delivered to counsel. 17 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 18 attorney fees, and does not constitute an admission of liability on the part of Defendant under 19 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 20 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 21 relating to EAJA attorney fees in connection with this action. 22 This award is without prejudice to the rights of counsel to seek Social Security Act 23 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 24 25 26 27 28 Date: December 17, 2020 CHERMOL & FISHMAN, LLC 1 2 By: /s/ Asim Modi for David Chermol* DAVID F. CHERMOL 3 *Authorized by email on December 17, 2020 Attorneys for Plaintiff 4 5 Date: December 17, 2020 McGREGOR W. SCOTT 6 United States Attorney DEBORAH LEE STACHEL 7 Regional Chief Counsel, Region IX 8 By: /s/ Asim Modi 9 ASIM MODI 10 Special Assistant United States Attorney Attorneys for Defendant 11 12 13 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. 14 15 DATED: December 18, 2020 /S/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28