(SS)Kirtley v. Commissioner of Social Security ( 2021 )

1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM P.O. Box 590881 3 San Francisco, CA 94159 4 Phone: 866-342-6180 Fax: 415-500-4081 5 jmetsker@metskerlaw.com Attorney for Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JAMES BRADLEY KIRTLEY, No. 1:19-cv-01062-EPG 11 Plaintiff, 12 STIPULATION AND ORDER FOR THE v. AWARD OF ATTORNEY FEES PURSUANT 13 TO THE EQUAL ACCESS TO JUSTICE ACT, ANDREW SAUL, 28 U.S.C. § 2412(d) AND COSTS PURSUANT 14 Commissioner of Social Security, TO 28 U.S.C. § 1920 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of TEN THOUSAND DOLLARS 19 ($10,000.00) and costs under 28 U.S.C. § 1920 in the amount of FOUR HUNDRED DOLLARS 20 ($400.00). These amounts represent compensation for all legal services rendered and costs 21 incurred on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 22 accordance with 28 U.S.C. §§ 2412(d) and 1920. 23 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 24 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 25 attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment 26 will depend on whether the fees, expenses are subject to any offset allowed under the United 27 States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses 28 1 is entered, the government will determine whether they are subject to any offset. 2 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 3 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made directly to the Metsker Law Firm, pursuant to the assignment 4 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 6 attorney fees and expenses, and does not constitute an admission of liability on the part of 7 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 8 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 9 EAJA attorney fees and expenses in connection with this action. 10 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 11 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 12 Respectfully submitted, 13 14 Dated: December 23, 2020 /s/ John David Metsker John David Metsker 15 Attorney for Plaintiff 16 MCGREGOR W. SCOTT United States Attorney 17 18 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 19 Social Security Administration 20 Dated: December 23, 2020 /s/ Carol S. Clark* CAROL S. CLARK 21 *As authorized via email on 22 December 23, 2020 Special Assistant United States Attorney 23 Attorneys for Defendant 24 25 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and 3 | Expenses Pursuant to the Equal Access to Justice Act (ECF No. 30), IT IS ORDERED that fees in 4 | the amount of ten thousand dollars ($10,000.00) and costs in the amount of four hundred dollars 5 ($400.00) as authorized by 28 U.S.C. sections 1920 and 2412 be awarded subject to the terms of 6 the Stipulation. IT IS SO ORDERED. 8 9 | Dated: _ January 3, 2021 [spe ey □□ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28