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

1 McGREGOR W. SCOTT 2 United States Attorney DEBORAH LEE STACHEL 3 Regional Chief Counsel, Region IX Social Security Administration 4 CHANTAL R. JENKINS, PA SBN 307531 5 Special Assistant United States Attorney 160 Spear Street, Suite 800 6 San Francisco, California 94105 Telephone: (415) 977-8931 7 Facsimile: (415) 744-0134 8 E-Mail: Chantal.Jenkins@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 ) Case No.: 2:20-cv-00001-DMC 14 ALAINA MARIE BYERS, ) ) STIPULATION AND ORDER AWARDING 15 Plaintiff, ) ATTORNEY FEES UNDER THE ) EQUAL ACCESS TO JUSTICE ACT, 16 vs. ) 28 U.S.C. § 2412(d) ANDREW SAUL, ) 17 Commissioner of Social Security, ) ) 18 Defendant. ) ) 19 ) 20 21 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 22 counsel, subject to the Court’s approval, that Plaintiff Alaina Marie Byers be awarded attorney 23 fees in the amount of FOUR THOUSAND NINE HUNDRED DOLLARS AND 00 CENTS 24 ($4,900.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 25 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 26 connection with this civil action in accordance with 28 U.S.C. § 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 1 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 2 assignment will depend on whether the fees are subject to any offset allowed under the United 3 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 4 the government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 7 be made directly to Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any 8 payments made shall be delivered to Plaintiff’s counsel Joseph C. Fraulob. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA 13 attorney fees 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(b), subject to the savings clause provisions of the EAJA. 16 17 Respectfully submitted, 18 Dated: February 26, 2021 /s/ Joseph Clayton Fraulob by Chantal R. Jenkins* 19 JOSEPH CLAYTON FRAULOB As authorized via email on February 20 Attorney for Plaintiff 21 22 Dated: February 26, 2021 MCGREGOR W. SCOTT 23 United States Attorney DEBORAH LEE STACHEL 24 Regional Chief Counsel, Region IX 25 Social Security Administration 26 27 By: /s/ Chantal R. Jenkins CHANTAL R. JENKINS 28 Special Assistant United States Attorney ORDER 3 || APPROVED AND SO ORDERED: 5 6 , ||Pated: March 4, 2021 Sec 8 UNITED STATES MAGISTRATE JUDGE 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28