(SS) John v. Commisioner 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 ) Case No.: 2:19-CV-2008-CKD 12 TERESA JOHN, ) ) 13 Plaintiff, ) STIPULATION AND ORDER THE ) AWARD AND PAYMENT OF 14 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS 15 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d), ANDREW SAUL, ) AND COSTS PURSUANT TO 28 U.S.C. § 16 Commissioner of Social Security, ) 1920 ) 17 ) Defendant. 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 21 in the amount of SEVEN THOUSAND EIGHT HUNDRED dollars and NO cents ($7,800.00) 22 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND no costs under 28 23 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 24 25 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 26 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 1 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 2 depend on whether the fees are subject to any offset allowed under the United States Department 3 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 4 determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to Plaintiff’s counsel, pursuant to the assignment executed 8 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under 11 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 12 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 13 relating to EAJA attorney fees in connection with this action. 14 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 16 17 //// 18 19 //// 20 21 //// 22 23 //// 24 25 //// 26 27 //// 28 1 Date: June 4, 2021 LEGAL SERVICES OF NORTHERN CALIFORNIA 2 By: /s/ Caspar Chan for Antonio Serrano Valdez, Jr* 3 ANTONIO SERRANO VALDEZ, JR. 4 *Authorized by email on June 4, 2021 Attorneys for Plaintiff 5 6 || Date: June 4, 2021 PHILLIP A. TALBERT 7 Acting United States Attorney DEBORAH LEE STACHEL 8 Regional Chief Counsel, Region IX 9 By: /s/ Caspar Chan 10 CASPAR CHAN Special Assistant United States Attorney 11 Attorneys for Defendant 12 13 ORDER APPROVED AND SO ORDERED. '5 Dated: June 4, 2021 A Ph 16 CAND fr {A _t ME f eo, 17 CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28