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

MCGREGOR W. SCOTT 1 United States Attorney DEBORAH LEE STACHEL 2 Regional Chief Counsel, Region IX 3 Social Security Administration MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 7 E-Mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ) Case No. 2:19-cv-00815-EFB SILVER MILLION, ) 13 ) STIPULATION AND [PROPOSED] Plaintiff, ) ORDER FOR THE AWARD AND 14 ) PAYMENT OF ATTORNEY FEES v. ) PURSUANT TO THE EQUAL ACCESS 15 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d) ANDREW SAUL, ) 16 Commissioner of Social Security, ) ) 17 ) Defendant. ) 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 20 amount of FIVE THOUSAND, ONE HUNDRED AND SEVENTY DOLLARS AND ZERO 21 CENTS ($5,170.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This 22 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 23 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff’s assignment of EAJA fees to counsel Jesse S. Kaplan. Pursuant to Astrue 26 v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether 27 the fees are subject to any offset allowed under the United States Department of the Treasury’s 28 1 1 Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to counsel Jesse S. Kaplan, pursuant to the assignment executed by Plaintiff. 6 Any payments made shall be delivered to counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel including Jesse S. Kaplan may have 11 relating to EAJA attorney fees in connection with this action. This award is without prejudice to 12 the rights of counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject 13 to the savings clause provisions of the EAJA. 14 Respectfully submitted, 15 Dated: December 23, 2020 JESSE S. KAPLAN 16 17 By: /s/ Jesse S. Kaplan* JESSE S. KAPLAN 18 Attorneys for Plaintiff 19 [*As authorized by e-mail on Dec. 23, 2020] 20 Dated: January 11, 2021 McGREGOR W. SCOTT 21 United States Attorney 22 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 23 Social Security Administration 24 By: /s/ Margaret Branick-Abilla 25 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 26 Attorneys for Defendant 27 28 2 [PROPOSED] ORDER 2 Pursuant to stipulation, IT IS SO ORDERED. 3 * |] Dated: January 11, 2021. ° hp IZ E, 6 ZA 7 4 34.-—_—__ 1 HON. EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & [Prepesed] Order No. 2:19-cv-00815-EFB