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

1 MCGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration 4 CHANTAL R. JENKINS, PA SBN 307531 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 6 San Francisco, California 94105 Tel: (415) 977-8931 7 Fax: (415) 744-0134 8 E-mail: Chantal.Jenkins@ssa.gov 9 Attorneys for Defendant 10 Meghan O. Lambert, Esq. 11 Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 12 Oakmont, PA 15139 13 Phone: 412-794-8003 Meghan@mydisabilityattorney.com 14 CA Bar ID: 258040 15 Attorney for Plaintiff, Debra Kae Hanks 16 UNITED STATES DISTRICT COURT 17 FOR THE EASTERN DISTRICT OF CALIFORNIA 18 FRESNO DIVISION 19 DEBRA KAE HANKS, Case No. 1:19-cv-1656-BAM 20 Plaintiff, STIPULATION AND ORDER FOR THE 21 AWARD OF ATTORNEY FEES UNDER 22 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 23 ANDREW SAUL, 28 U.S.C. § 2412(d) 24 Commissioner of Social Security, 25 Defendant. 26 TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE 27 OF THE UNITED STATES DISTRICT COURT: 1 The Parties through their undersigned counsel, subject to the Court’s approval, 2 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND 3 DOLLARS and 00/100 ($6,000.00) under the Equal Access to Justice Act (EAJA), 28 4 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered 5 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 6 28 U.S.C. § 2412(d). 7 After the Court issues an order for EAJA fees to Plaintiff, the government will 8 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 9 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 10 to honor the assignment will depend on whether the fees are subject to any offset 11 allowed under the United States Department of the Treasury’s Offset Program. After 12 the order for EAJA fees is entered, the government will determine whether they are 13 subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 15 16 determines that Plaintiff does not owe a federal debt, then the government shall cause 17 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 18 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 19 counsel. 20 This stipulation constitutes a compromise settlement of Plaintiff’s request for 21 EAJA fees, and does not constitute an admission of liability on the part of Defendant 22 under the EAJA. Payment of SIX THOUSAND DOLLARS and 00/100 ($6,000.00) in 23 EAJA attorney fees. These payments shall constitute a complete release from, and bar 24 to, any and all claims that Plaintiff and Plaintiff’s attorney, Meghan O. Lambert, may 25 have relating to EAJA attorney fees in connection with this action. 26 27 1 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 3 provisions of the EAJA. 4 Respectfully submitted, 5 6 Dated: 12/16/2020 /s/ Meghan O. Lambert 7 M EGHAN O. LAMBERT Attorney for Plaintiff 8 9 Dated: 12/18/2020 MCGREGOR W. SCOTT 10 United States Attorney DEBORAH LEE STACHEL 11 Regional Chief Counsel, Region IX 12 Social Security Administration 13 By: /s/ Chantal Jenkins* 14 CHANTAL JENKINS Special Assistant U.S. Attorney 15 Attorneys for Defendant 16 (*Permission to use electronic signature obtained via email on 12/18/2020). 17 18 ORDER 19 Based upon the parties’ Stipulation for the Award of Attorney Fees Under the 20 Equal Access to Justice Act, 28 U.S.C. § 2412(d), filed on December 18, 2020 (Doc. 21 No. 21): IT IS HEREBY ORDERED that attorney fees in the amount of SIX 22 THOUSAND DOLLARS ($6,000.00) be awarded subject to the terms of the 23 stipulation. 24 IT IS SO ORDERED. 25 Dated: December 21, 2020 /s/ Barbara A. McAuliffe _ 26 UNITED STATES MAGISTRATE JUDGE 27