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


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  • 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 JESSICA ALCALA, ) Case No: 2:19-cv-01579-DMC 13 ) 14 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF ATTORNEY 15 v. ) FEES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 16 ANDREW SAUL, ) 2412(d) Commissioner of Social Security, ) 17 ) 18 Defendant. ) ) 19 20 On April 5, 2021 this Court issued an order reversing the final decision of the 21 Defendant, Andrew Saul, the Commissioner of Social Security (Commissioner), and remanding 22 for the immediate payment of benefits. 42 U.S.C. § 405(g) (sentence four); judgment was 23 entered. 24 In the interest of administrative and judicial economy, the parties have agreed to stipulate 25 that an award of FIVE THOUSAND SIX HUNDRED THIRTY-FOUR DOLLARS AND 26 TWENTY-FOUR CENTS ($5,634.24) in attorney fees under the Equal Access to Justice Act 27 (EAJA), 28 U.S.C. § 2412(d), is reasonable. This award is without prejudice to Plaintiff’s right 28 2 subject to the offset provisions of the EAJA. However, this award shall constitute a complete 3 release from and bar to any claims Plaintiff may have relating to EAJA fees and costs. Further, 4 such award shall not be used as precedent in any future cases, nor be construed as a concession 5 by the Commissioner that the original administrative decision denying benefits to Plaintiff was 6 not substantially justified. 7 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 9 Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether 10 the fees are subject to any offset allowed under the United States Department of the Treasury’s 11 Offset Program. After the order for EAJA is entered, the Government will determine whether 12 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 13 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 14 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 15 assignment executed by Plaintiff. Any payments made shall be delivered and made payable to 16 Counsel. 17 Accordingly, Defendant agrees to pay Plaintiff FIVE THOUSAND SIX HUNDRED 18 THIRTY-FOUR DOLLARS AND TWENTY-FOUR CENTS ($5,634.24) in attorney’s fees. 19 All parties whose signature lines appear in this document have consented to its filing. 20 This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 21 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 22 provisions of the EAJA. 23 24 Dated: May 24, 2021 SACKETT AND ASSOCIATES 25 /s/ HARVEY P. SACKETT 26 HARVEY P. SACKETT Attorney for Plaintiff 27 JESSICA ALCALA 28 1 || Dated: May 24, 2021 PHILLIP A. TALBERT > Acting United States Attorney 3 By: /s/ELLINOR RAVENEL CODER ELLINOR R. CODER 4 Special Assistant United States Attorney Attorneys for Defendant 5 [*as authorized by e-mail on 5/24/21] 6 7 ORDER 8 According to the parties stipulation, defendant agrees to pay plaintiff $5,634.24 in 9 attorney’s fees. The court approves the parties’ stipulation. Defendant shall determine whether 10 plaintiff's EAJA attorney’s fees are subject to any offset permitted under the United States 1 Department of the Treasury’s Offset Program and, if the fees are not subject to an offset, shall 12 || make payment of fees directly payable to plaintiff's counsel promptly. 13 This order resolves ECF No. 31. 14 IT IS SO ORDERED. 1S DATED: May 27, 2021. 16 7 / 17 18 CHIEF ED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:19-cv-01579

Filed Date: 5/28/2021

Precedential Status: Precedential

Modified Date: 6/19/2024