(SS) Medina 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 ) Case No.: 2:19-cv-01543-DMC 12 SERENA MEDINA, ) ) 13 Plaintiff, ) STIPULATION AND ORDER FOR 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 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 FIVE THOUSAND THREE HUNDRED dollars and NO cents ($5,300.00) 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, pursuant to the assignment executed 17 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees, and does not constitute an admission of liability on the part of Defendant under 20 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 21 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 22 relating to EAJA attorney fees in connection with this action. 23 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 24 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 25 Plaintiff also withdraws her Motion for Attorney Fees under the Equal Access to Justice 26 Act (Doc No. 28). 27 28 1 Date: July 19, 2021 JESSE S. KAPLAN 2 By: /s/ Caspar Chan for Jesse S. Kaplan* JESSE S. KAPLAN 3 *Authorized by email on July 19, 2021 4 Attorneys for Plaintiff 5 Date: July 19, 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 11 ORDER 13 14 APPROVED AND SO ORDERED 15 Dated: July 19, 2021 16 17 DENNIS M. CO UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 Stipulation for EAJA Fees: 2:19-cv-01543-DMC 3