(SS) Glenn v. Commissioner of Social Security ( 2019 )

1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com 5 Attorney for Plaintiff SAMANTHA MARIE GLENN 6 7 MCGREGOR W. SCOTT United States Attorney 8 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 9 STACY WIESBROCK Special Assistant United States Attorney 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (415) 268-5612 12 stacy.wiesbrock@ssa.gov 13 Attorneys for Defendant 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 SAMANTHA MARIE GLENN, No. 1:19-CV-00303 (SKO) 19 Plaintiff, 20 v. STIPULATION AND ORDER FOR 21 AWARD AND PAYMENT OF ANDREW SAUL, ATTORNEYS FEES PURSUANT TO THE 22 COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT (28 SOCIAL SECURITY, U.S.C. §2412(d)) 23 Defendant. (Doc. 15) 24 25 26 27 28 1 2 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 3 attorneys, subject to the approval of the Court, that Samantha Marie Coleman (Plaintiff) be 4 awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the 5 amount of two thousand seven hundred and ninety-eight dollars and twenty-three cents 6 ($2,798.23). This represents compensation for legal services rendered on behalf of Plaintiff by 7 counsel in connection with this civil action, in accordance with 28 U.S.C. §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 Plaintiff’s attorney. Pursuant to Astrue v. 10 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 11 attorney fees are subject to any offset allowed under the United States Department of the 12 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 subject to offset, then the government shall cause the 16 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 17 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 18 made shall be delivered to Plaintiff’s counsel. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 20 attorney fees and does not constitute an admission of liability on the part of Defendant under 21 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 22 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 23 and expenses in connection with this action. 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 3 Respectfully submitted, 4 Dated: September 5, 2019 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 SAMANTHA MARIE GLENN 9 10 Dated: September 5, 2019 MCGREGOR W. SCOTT United States Attorney 11 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 By: Stacy Wiesbrock* 13 STACY WIESBROCK 14 (*Authorized by email dated 09/05/2019) Special Assistant U.S. Attorney 15 Attorneys for Defendant 16 17 ORDER 18 Based upon the parties’ above “Stipulation for the Award and Payment of Attorney[‘]s 19 Fees Pursuant the Equal Access to Justice Act ( 28 U.S.C. § 2412(d))” (the “Stipulation”) (Doc. 20 15), IT IS ORDERED that fees in the amount of TWO THOUSAND, SEVEN HUNDRED 21 NINETY-EIGHT DOLLARS and 23/100 ($2,798.23) as authorized by 28 U.S.C. § 2412, be 22 awarded subject to the terms of the Stipulation. 23 24 IT IS SO ORDERED. 25 Sheila K. Oberto 26 Dated: September 9, 2019 /s/ . UNITED STATES MAGISTRATE JUDGE 27 28