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

1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM P.O. Box 590881 3 San Francisco, CA 94159 4 Phone: 866-342-6180 Fax: 415-500-4081 5 jmetsker@metskerlaw.com Attorney for Plaintiff. 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ELISA M. SWEENEY, No. 2:18-cv-02495-KJM-AC 11 Plaintiff, 12 STIPULATION AND PROPOSED ORDER 13 v. FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO ANDREW SAUL, 14 Commissioner of Social Security, JUSTICE ACT, 28 U.S.C. § 2412(d) 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 19 under the Equal Access to Justice Act (EAJA) in the amount of FIVE THOUSAND FIVE 20 HUNDRED dollars ($5,500). This amount represents compensation for all legal services 21 rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 22 accordance with 28 U.S.C. § 2412. 23 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 24 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 25 attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment 26 will depend on whether the fees, expenses are subject to any offset allowed under the United 27 States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses 28 is entered, the government will determine whether they are subject to any offset. WwOAOD 2.1L00UV VESTS INVIVE PANY MVVULTIOIIt LY □□□ Verolicy rPaywt evre 1 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 2 | Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 3 || the payment of fees to be made directly to the Metsker Law Firm, pursuant to the assignment 4 | executed by Plaintiff. Any payments made shall be delivered to Plaintiffs counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 6 || attorney fees and expenses, and does not constitute an admission of liability on the part of 7 | Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 8 || from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 9 || EAJA attorney fees and expenses in connection with this action. 10 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 11 | Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 12 Respectfully submitted April 15,2020. 13 DATED: April 15, 2020 /s/ John Metsker 14 JOHN METSKER (as authorized by email) 15 Attorney for Plaintiff 16 DATED: April 15, 2020 MCGREGOR W. SCOTT 17 United States Attorney 18 /s/ Daniel P. Talbert DANIEL P. TALBERT 19 * As authorized via email on April 15, 2020 20 Special Assistant United States Attorney Attorneys for Defendant 21 22 [PROPOSED] ORDER 23 Pursuant to the parties’ stipulation, it is so ordered. 5 DATE: April 20, 2020 ~ Ctttt0n— Lane 26 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 28