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

HADLEY & FRAULOB 1 A Professional Law Corporation 2 230 Fifth Street Marysville, CA 95901 3 (916) 743-4458 FAX (530) 743-5008 4 5 JOSEPH C. FRAULOB – CA State Bar #194355 Attorney For Plaintiff 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 DAVID PAYNE, CIV. NO. 2:20-cv-02150-CKD 10 Plaintiff, 11 STIPULATION AND ORDER FOR vs. AWARD OF EAJA FEES 12 13 COMMISSIONER OF SOCIAL SECURITY, 14 Defendant 15 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 16 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 17 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of three thousand, 18 nine hundred and sixty dollars ($3,960.00). This amount represents compensation for all legal 19 services rendered on behalf of Plaintiff by his counsel in connection with this civil action, in 20 accordance with 28 U.S.C. 2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 22 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 23 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 26 determine if it is subject to any offset. 27 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 28 determines that Plaintiff does not owe a federal debt, then the government shall cause the 1 || payment of fees and costs to be made directly to Plaintiff's counsel Joseph C. Fraulob, pursuant 2 || to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff's 3 || counsel Joseph C. Fraulob. 4 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 5 || attorney fees and does not constitute an admission of liability on the part of Defendant under the 6 |} EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 7 || and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees in 8 |} connection with this action. 9 DATE: December 3, 2021 By /s/ Joseph Clayton Fraulob 0 JOSEPH CLAYTON FRAULOB ll Attorney for plaintiff 12 13 DATE: December 3, 2021 PHILLIP A. TALBERT United States Attorney 14 15 By /s/Marcelo Illarmo (*as authorized via e-mail) 16 MARCELO ILLARMO Assistant Regional Counsel 17 18 Attorneys for Defendant ORDER °° || APPROVED AND SO ORDERED. 21 . 7 1 ty i ' f 22 || Dated: December 7, 2021 (ard AU. ia ( a — 23 CAROLYN K. DELANEY? UNITED STATES MAGISTRATE JUDGE 25 26 27 28