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

PHILIP A. TALBERT, 1 Acting U.S. Attorney 2 United States Attorney DEBORAH LEE STACHEL 3 Regional Chief Counsel, Region IX Social Security Administration 4 S. WYETH McADAM, California State Bar No. 223876 5 Special Assistant United States Attorney 160 Spear Street, Suite 800 6 San Francisco, California 94105 Telephone: (415) 268-5610 7 Facsimile: (415) 744-0134 8 E-Mail: Wyeth.McAdam@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) Case No.: 2:19-cv-00933-KJN ANTHONY J. SILVEIRA , III, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 16 ANDREW SAUL, ) 2412(d), AND COSTS PURSUANT TO ) 28 U.S.C. § 1920; ORDER 17 Commissioner of Social Security, ) ) 18 ) Defendant. ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff Anthony J. Silveira , III be awarded 22 attorney fees and expenses in the amount of FOUR THOUSAND FOUR HUNDRED AND 23 FIFTY dollars ($4,450) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and 24 no costs. This amount represents compensation for all legal services rendered on behalf of 25 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §; 2412(d). 26 After the Court issues an order for EAJA fees to Anthony J. Silveira, III, the government will 27 consider the matter of Anthony J. Silveira, III’s assignment of EAJA fees to Jesse S. Kaplan, 28 1 Esq. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the 2 ability to honor the assignment will depend on whether the fees are subject to any offset allowed 3 under the United States Department of the Treasury’s Offset Program. After the order for EAJA 4 fees is entered, the government will determine whether they are subject to any offset. 5 Fees shall be made payable to Anthony J. Silveira , III, but if the Department of the 6 Treasury determines that Anthony J. Silveira , III does not owe a federal debt, then the 7 government shall cause the payment of fees, expenses and costs to be made directly to Jesse S. 8 Kaplan, Esq., pursuant to the assignment executed by Anthony J. Silveira , III. Any payments 9 made shall be delivered to Jesse S. Kaplan, Esq. 10 This stipulation constitutes a compromise settlement of Anthony J. Silveira, III’s request 11 for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant 12 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 13 from, and bar to, any and all claims that Anthony J. Silveira, III and/or Jesse S. Kaplan, Esq. 14 including the Law Office of Jesse S. Kaplan, Esq. may have relating to EAJA attorney fees in 15 connection with this action. 16 17 / / / 18 19 20 21 / / / 22 23 24 25 / / / 26 27 28 1 || This award is without prejudice to the rights of Jesse S. Kaplan, Esq. and/or Law Offices of Jesse 2 ||S. Kaplan to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 3 || savings clause provisions of the EAJA. 4 5 Respectfully submitted, 6 Dated: March 5, 2021 /s/ Jesse §. Kaplan * 7 (*as authorized via e-mail) JESSE S. KAPLAN 8 Attorney for Plaintiff ? PHILIP A. TALBERT, 10 Acting U.S. Attorney DEBORAH LEE STACHEL 11 Regional Chief Counsel, Region IX 2 Social Security Administration 13 By: /s/S. Wyeth McAdam S. WYETH McAdam 14 Special Assistant U.S. Attorney 15 Attorneys for Defendant 16 17 ORDER 18 Pursuant to the parties’ stipulation, IT Is SO ORDERED. 19 || Dated: March 10, 2021 20 fy’ Al i Noreen 21 |). sitv.933 KENDALL J. □□□ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 Stip. and Order for EAJA Fee Award.; 2:19-cv-00933-KIN 3