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

1 JOHN V. JOHNSON Attorney for Plaintiff 2 PHILLIP A. TALBERT Acting United States Attorney for the ED of California 3 DEBORAH LEE STACHEL, Bar No. 230138 Regional Chief Counsel, Region IX 4 Shea Lita Bond Special Assistant United States Attorney 5 6 Social Security Administration 160 Spear Street, Suite 800 7 San Francisco, California 94105 Telephone: (415) 977-8934 8 E-Mail: shea.bond@ssa.gov 9 Attorney for Defendant 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 KAREN LYNETTE LAMBERT, ) CASE. NO.: 2:18-CV-02122-CKD ) 13 Plaintiff, ) STIPULATION AND ORDER ) FOR ATTORNEY’S FEES PURSUANT 14 vs. ) TO 28 U.S.C. SECTION 2412(d) ) 15 ANDREW SAUL, commissioner ) of the Social Security Administration, ) 16 ) ) 17 Defendant. ) __________________________________________ ) 18 19 It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval 20 of the Court, that Ms. Lambert, will be awarded attorney fees in the amount of FIFTEEN THOUSAND and NO 21 CENTS DOLLARS ($15,000) under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412(d). This 22 amount represents compensation for all legal services rendered on behalf of Ms. Lambert by counsel in connection 23 with this civil action, including the appellate court proceedings in the Ninth Circuit case No. 19-17102, and in 24 accordance with 28 U.S.C. Section 2412(d). 25 After the Court issues an order for EAJA fees to Ms. Lambert, the government will consider the assignment 26 of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010, the ability to 27 1 28 nn ne nnn ene en nnn nn nen en nen nen ee nn nn nn OO 1 |} honor any such assignment will depend on whether the fees are subject to any offset allowed under the United States 2 || Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Government will determine 3 || whether they are subject to any offset. 4 Fees shall be made payable to Ms. Lambert, but if the Department of the Treasury determines that 5 || Ms. Lambert, does not owe a federal debt, then the government shall cause the payment of fees to be made directly 6 John V. Johnson, pursuant to the assignment executed by Plaintiff. Any payment made shall be delivered directly 7 || to John V. Johnson. 8 This stipulation constitutes a compromise settlement of Ms. Lambert’s request for EAJA attorney fees and 9 || does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the agreed 10 |} amount shall constitute complete release from, and bar to, any and all claims that Ms. Lambert, and/or John V. 11 || Johnson may have relating to EAJA attorney fees in connection with this action and Ninth Circuit No. 19-17102. 12 || This award is without prejudice to the rights of John V. Johnson to seek Social Security Act attorney fees under 42 13 ||U.S.C. Section 406(b) subject to the savings clause provisions of EAJA. 14 Respectfully Submitted, 15. || DATED: April 6, 2021 / s / John V. Johnson (As authorized 16 johnvjohnson @sbcglobal.net) John V. Johnson 17 Attorney for Plaintiff 18 |] DATED: April 6, 2021 PHILLIP A. TALBERT Acting United States Attorney 19 DEBORAH LEE STACHEL Regional Chief Attorney, Region IX 20 Social Security Administration 21 By: /s_ / Shea Lita Bond SHEA LITA BOND 22 Special Assistant U.S. Attorney Attorney for Defendant 23 ORDER 24 APPROVED AND SO ORDERED. 25 06 Dated: April 12, 2021 ) ly / / Cand fe . ~AgRs eee creer cee eee ge 27 CAROLYN K. DELANEY 28 UNITED STATES MAGISTRATE JUDGE