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

MCGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration CAROLYN B. CHEN, CSBN 256628 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8956 Facsimile: (415) 744-0134 7 E-Mail: Carolyn.Chen@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) Case No.: 2:17-cv-02465-AC DENISE HENSCHEL, ) 14 ) STIPULATION AND PROPOSED ORDER Plaintiff, ) APPROVING SETTLEMENT OF 15 ) ATTORNEY FEES PURSUANT TO THE vs. ) EQUAL ACCESS TO JUSTICE ACT, 28 16 ANDREW SAUL,1 ) U.S.C. § 2412(d), § 1920 Commissioner of Social Security, ) 17 ) ) 18 Defendant. ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees in the amount of 22 EIGHT THOUSAND ONE HUNDRED DOLLARS ($8,100) under the Equal Access to Justice 23 Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED DOLLARS 24 25 26 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 27 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 28 1 1 ($400), under 28 U.S.C. § 1920. This amount represents compensation for all legal services 2 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 3 28 U.S.C. §§ 1920, 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 5 matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 6 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees are 7 subject to any offset allowed under the United States Department of the Treasury’s Offset Program. 8 After the order for EAJA fees is entered, the government will determine whether they are subject 9 to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 11 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 12 be made directly to Robert Weems pursuant to the assignment executed by Plaintiff. Any 13 payments made shall be delivered to Plaintiff’s counsel. 14 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 15 attorney fees and expenses, and does not constitute an admission of liability on the part of 16 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete 17 release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel, including 18 Weems Law Offices, may have relating to EAJA attorney fees and expenses in connection with 19 this action. 20 This award is without prejudice to the rights of Plaintiff’s counsel and/or Weems Law 21 Offices to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 22 clause provisions of the EAJA. 23 Respectfully submitted, 24 25 Dated: September 19, 2019 WEEMS LAW OFFICES 26 By: /s/ Robert Weems ROBERT WEEMS 27 Attorney for Plaintiff 28 2 I (As authorized by email on September 19, 2019) 2 Dated: September 19, 2019 Respectfully submitted, 3 A MCGREGOR W. SCOTT United States Attorney 5 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 6 Social Security Administration 7 By: Carolyn B. Chen 8 CAROLYN B. CHEN 9 Special Assistant U.S. Attorney 10 Attorneys for Defendant 11 12 13 ORDER 14 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded 15 |! attorney fees in the amount of EIGHT THOUSAND ONE HUNDRED DOLLARS ($8,100) as 16 authorized by 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED DOLLARS 17 18 ($400) as authorized by 28 U.S.C. § 1920, subject to the terms of the above-referenced 19 || Stipulation. 20 || DATED: September 23, 2019 21 ' 1/ 22 ATITICAN CT AIPEUU ALLISON CLAIRE 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28