(SS) Lor v. Commissioner of Social Security ( 2020 )

1 JOHN V. JOHNSON Attorney for Plaintiff 2 McGregor W. Scott United States Attorney 3 DEBORAH LEE STACHEL, Bar No. 230138 Regional Chief Counsel, Region IX 4 Gina Tomaselli Special Assistant United States Attorney 5 6 Social Security Administration 160 Spear Street, Suite 800 7 San Francisco, California 94105 Telephone: (415) 744-0134 8 E-Mail: gina.tomselli@ssa.gov 9 Attorney for Defendant 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 CHOR LOR, ) CASE. No.: 2:18-CV-01046-KJN ) 15 Plaintiff, ) STIPULATION AND ORDER ) FOR ATTORNEY’S FEES PURSUANT 16 vs. ) TO 28 U.S.C. SECTION 2412(d) ) 17 ANDREW W. SAUL, commissioner ) of the Social Security Administration, ) 18 ) ) 19 Defendant. ) __________________________________________ ) 20 21 It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval 22 of the Court, that Chor Lor, will be awarded attorney fees in the amount of EIGHT THOUSAND SIX HUNDRED 23 TWENTY FOUR and NO CENTS DOLLARS ($8,624.00) under the Equal Access to Justice Act (EAJA), 28 24 U.S.C. section 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by 25 counsel in connection with this civil action, in accordance with 28 U.S.C. section 2412(d). 26 After the Court issues an order for EAJA fees to Chor Lor, the Defendant will consider any assignment of 27 EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor 28 1 || any such assignment will depend on whether the fees are subject to any offset allowed under the United States 2 || Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Defendant will determine 3 || whether they are subject to any offset. 4 Fees shall be made payable to Chor Lor, but if the Department of the Treasury determines that 5 || Chor Lor, does not owe a federal debt, then the government shall cause the payment of fees to be made directly to 6 V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be delivered directly to 7 || John V. Johnson. 8 This stipulation constitutes a compromise settlement of Chor Lor’s request for EAJA attorney fees and doe: 9 || not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the agreed amount 10 || shall constitute complete release from, and bar to, any and all claims that Chor Lor, and/or John V. Johnson may 11 relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of 12 ||John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. Section 406(b) subject to the savings 13 || clause provisions of EAJA. 14 Respectfully Submitted, 15 || DATED: April 7, 2020 / s / John V. Johnson (As authorized 16 johnvjohnson @sbcglobal.net) John V. Johnson 17 Attorney for Plaintiff 18 |] DATED: April 7, 2020 McGREGOR W. SCOTT United States Attorney 19 DEBORAH L. STACHEL Regional Chief Attorney, Region IX 20 Social Security Administration 21 By: /s / Gina Tomaselli GINA TOMASELLI 22 Special Assistant U.S. Attorney Attorney for Defendant 23 24 ORDER 25 APPROVED AND SO ORDERED. 26 ||Dated: April 9, 2020 lor.1046 a 28 KENDALL UNITED STATES MAGISTRATE JUDGE