(SS) (CONSENT) Wiebe v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 TRESA LEE WIEBE, Case No. 2:19-cv-01861-JDP 12 Plaintiff, STIPULATION AND ORDER FOR THE 13 AWARD OF ATTORNEY FEES UNDER 14 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 15 ANDREW SAUL, 28 U.S.C. § 2412(d) 16 Commissioner of Social Security, ECF No. 20 17 Defendant. 18 TO THE HONORABLE JEREMY D. PETERSON, MAGISTRATE JUDGE OF 19 THE UNITED STATES DISTRICT COURT: 20 The Parties through their undersigned counsel, subject to the Court’s approval, 21 stipulate that Plaintiff be awarded attorney fees in the amount of NINE THOUSAND, 22 ONE HUNDRED DOLLARS and 00/100 ($9,100.00) under the Equal Access to 23 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 24 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 25 action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will 27 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 9 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 10 counsel, Meghan O. Lambert. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for 12 EAJA fees, and does not constitute an admission of liability on the part of Defendant 13 under the EAJA. Payment of NINE THOUSAND, ONE HUNDRED DOLLARS and 14 00/100 ($9,100.00) in EAJA attorney fees. These payments shall constitute a complete 15 16 release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, 17 Meghan O. Lambert, may have relating to EAJA attorney fees in connection with this 18 action. 19 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 20 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 21 provisions of the EAJA. 22 Respectfully submitted, 23 24 Dated: March 4, 2021 /s/ Meghan O. Lambert 25 M EGHAN O. LAMBERT Attorney for Plaintiff 26 27 Dated: March 4, 2021 PHILIP A. TALBERT 1 Acting United States Attorney DEBORAH LEE STACHEL 2 Regional Chief Counsel, Region IX Social Security Administration 3 4 By: /s/ Chantal Jenkins * CHANTAL JENKINS 5 Special Assistant U.S. Attorney 6 Attorneys for Defendant (*Permission to use electronic signature 7 obtained via email on March 4, 2021). 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 5 The parties’ stipulation for payment of EAJA attorney fees is approved and so ordered. ECF No. 20. 3 4 IT IS SO ORDERED. 5 6 || Dated: _ March 5, 2021 Jessa \aNpoe_—— 7 JEREMY D. PETERSON 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 _4-