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

1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 2 42 N. Sutter Street, Suite 400 3 Stockton, California 95202 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH 10 SAN JUANA GARCIA, Case No.: 2:19-cv-01801-CKD 11 Plaintiff, 12 STIPULATION AND PROPOSED ORDER vs. 13 FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO ANDREW SAUL, 14 JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security, 15 16 Defendant 17 18 IT IS HEREBY STIPULATED by and 19 between the parties through their undersigned counsel, subject to the approval of the Court, 20 that Plaintiff be awarded attorney fees under the EAJA in the amount of Five Thousand Five 21 Hundred ($5,500.00). This amount represents compensation for all legal services rendered on 22 behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 23 24 28 U.S.C. § 2412. 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 27 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment 28 will depend on whether the fees and expenses are subject to any offset allowed under 1 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 2 and expenses is entered, the government will determine whether they are subject to any offset. 3 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the 5 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 6 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 9 attorney fees and expenses, and does not constitute an admission of liability on the part of 10 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 11 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 12 13 EAJA attorney fees and expenses in connection with this action. 14 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 16 17 18 Respectfully submitted, 19 Dated: February 25, 2021 /s/ Shellie Lott SHELLIE LOTT 20 Attorney for Plaintiff 21 McGREGOR W. SCOTT United 22 States Attorney DEBORAH L. STACHEL Regional Chief 23 Counsel, Region IX 24 Date: February 25, 2021 /s/ Carol S. Clark 25 (as authorized via email on 2/25/21) CAROL S. CLARK 26 Special Assistant United States Attorney 27 28 1 ||ISHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 2 Sutter Street, Suite 400 3 Stockton, California 95202 Telephone: (209) 948-9384 4 |\Facsimile: (209) 948-0706 5 6 ||Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH 10 JUANA GARCIA, Case No.: 2:19-cv-01801-CKD 11 Plaintiff, 12 ORDER FOR THE AWARD OF B Vs. ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 14 AANDREW SAUL, U.S.C. § 2412(d) Acting Commissioner of Social Security, 15 16 Defendant 17 18 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees 19 EAJA, in the amount of Five Thousand Five Hundred Dollars ($5,500.00), are awarded to 20 Plaintiff, subject to the terms of the stipulation. 21 39 IT IS SO ORDERED. 3 Dated: March 4, 2021 fi f) / 2 Bas CAND fe hi eeraeng eee oe eerie cee ee ee ge 24 CAROLYN K. DELANEY 95 UNITED STATES MAGISTRATE JUDGE 26 27 STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D) 28 | [2:19-cv-01801-cKp PAGE 3