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

PHILLIP A. TALBERT 1 Acting United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration CASPAR CHAN, CSBN 294804 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 510-970-4810 Facsimile: 415-744-0134 7 Email: Caspar.Chan@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 ) Case No.: 2:19-cv-01770-AC (SS) 13 CHAO VANG, ) ) 14 Plaintiff, ) STIPULATION AND [PROPOSED] ) ORDER THE AWARD AND PAYMENT 15 vs. ) OF ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS 16 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d), ANDREW SAUL, ) AND COSTS PURSUANT TO 28 U.S.C. § 17 Commissioner of Social Security, ) 1920 ) 18 ) Defendant. 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 3 in the amount of THREE THOUSAND FIVE HUNDRED dollars and NO cents ($3,500.00) 4 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND no costs under 28 5 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 6 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 7 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 10 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 11 depend on whether the fees are subject to any offset allowed under the United States Department 12 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 13 determine whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 16 expenses and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant to the 17 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel 18 Joseph C. Fraulob. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 20 attorney fees, and does not constitute an admission of liability on the part of Defendant under 21 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 22 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 23 relating to EAJA attorney fees in connection with this action. 24 This award is without prejudice to the rights of Plaintiff’s counsel Joseph C. Fraulob to 25 seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 26 provisions of the EAJA. 27 28 1 Date: April 1, 2021 LAW OFFICES OF HADLEY & FRAULOB 2 By: /s/ Caspar Chan for Joseph C. Fraulob* JOSEPH C. FRAULOB 3 *Authorized by email on April 1, 2021 4 Attorneys for Plaintiff 5 Date: April 1, 2021 PHILLIP A. TALBERT 6 Acting United States Attorney 7 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 8 By: /s/ Caspar Chan ? CASPAR CHAN 10 Special Assistant United States Attorney Attorneys for Defendant 1] 12 13 ORDER 14 APPROVED AND SO ORDERED 15 16 DATED: April 1, 2021 Chthten—Chane_ 17 ALLISON CLAIRE 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 Stipulation for EAJA Fees: 2:19-cv-01770-AC (SS) 3