(SS) (CONSENT) Facey v. Commissioner of Social Security ( 2021 )

PHILLIP A. TALBERT 1 Acting United States Attorney DEBORAH LEE STACHEL 2 Regional Chief Counsel, Region IX 3 Social Security Administration MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 6 Telephone: (510) 970-4809 Facsimile: (415) 744-0134 7 E-Mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) Case No. 2:19-cv-01596-DMC MALLORY FACEY, ) 14 ) STIPULATION AND ORDER FOR THE Plaintiff, ) AWARD AND PAYMENT OF 15 ) ATTORNEY FEES PURSUANT TO THE vs. ) EQUAL ACCESS TO JUSTICE ACT, 28 16 ) U.S.C. § 2412(d) ANDREW SAUL, ) 17 Commissioner of Social Security, ) ) 18 ) Defendant. ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff Mallory Facey (Plaintiff) be awarded 22 attorney fees in the amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS 23 ($8,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 25 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel Shellie Lott. Pursuant to Astrue v. 28 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 1 fees are subject to any offset allowed under the United States Department of the Treasury’s 1 Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to counsel Shellie Lott, pursuant to the assignment executed by Plaintiff. Any 6 payments made shall be delivered to counsel Shellie Lott. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel, including but not limited to Shellie Lott 11 and Cerney Kreuze & Lott, LLP, may have relating to EAJA attorney fees in connection with 12 this action. 13 This award is without prejudice to the rights of counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 16 Respectfully submitted, 17 Dated: June 25, 2021 CERNEY KREUZE & LOTT, LLP 18 By: /s/ Shellie Lott* 19 SHELLIE LOTT Attorneys for Plaintiff 20 [*As authorized by e-mail on Jun. 25, 2021] 21 Dated: July 19, 2021 PHILLIP A. TALBERT 22 Acting United States Attorney DEBORAH LEE STACHEL 23 Regional Chief Counsel, Region IX 24 Social Security Administration 25 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 26 Special Assistant United States Attorney 27 Attorneys for Defendant 28 2 ORDER Pursuant to stipulation, IT IS SO ORDERED. 3 * || Dated: July 19, 2021 Seo DENNIS M. CO UNITED STATES MAGISTRATE JUDGE ; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & [Proposed] Order 2:19-cv-01596-DMC