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

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 -o0O0o- 10 11 12 PEGGY MENCHACA, ) No. 2:19-cv-01353-JDP ) 13 Plaintiff, ) 14 ) STIPULATION AND v. ) ORDER 15 ) APPROVING SETTLEMENT Andrew Saul, ) OF ATTORNEY FEES UNDER 16 COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO 17 SECURITY, ) JUSTICE ACT [28 U.S.C. §2412(d)] ) 18 Defendant. ) ECF No. 21 ____________________________________) 19 20 THE PARTIES STIPULATE through the undersigned, subject to the approval of the 21 Court, that plaintiff be awarded attorney fees in the amount of Four Hundred ($400.00) under the 22 23 Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no award of costs. This 24 will represent compensation for all legal services rendered by counsel for plaintiff in this civil 25 action and in accordance with that statute. 26 Upon the Court’s order, defendant will consider the assignment of those EAJA fees 27 28 pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-53 (2010), considering any offsets allowed 1 under the United States Department of Treasury’s Offset Program. Fees shall be made payable to 2 plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the 3 government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by 4 plaintiff and will deliver the payment to said counsel. 5 6 This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees 7 and not an admission of liability of defendant under the EAJA. Payment of this agreed amount 8 shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees 9 relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 10 11 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 12 13 Dated: April 5, 2021 /s/ Jesse S. Kaplan 14 JESSE S. KAPLAN 15 Attorney for Plaintiff 16 17 Dated: April 5, 2021 /s/ per email authorization 18 DANIEL P. TALBERT Special Assistant U.S. Attorney 19 Attorney for Defendant 20 21 22 23 24 25 26 27 28 II SIR II REE OE I IRI IIE III IIE EE OE 1 ORDER ° For good cause shown, defendant is ordered to pay plaintiff's attorney fees under the EAJA in accordance with this stipulation. 5 . IT IS SO ORDERED. Dated: _ April 6, 2021 q_———. 8 JEREMY D. PETERSON 5 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28