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

1 JPa.Ore.d B Woxa l1k7e7r 7(S B#269029) 2 Orangevale, CA 95662 T: (916) 476-5044 3 F: (916) 476-5064 jared@jwalker.law 4 5 Attorney for Plaintiff, DEBBY K. BRADY 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 DEBBY K. BRADY, Case No.: 2:19-cv-01116-AC 10 Plaintiff, STIPULATION AND PROPOSED ORDER 11 v. FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO 12 ANDREW M. SAUL, JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of the Social Security 13 Administration, 14 Defendant. 15 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 DEBBY K. BRADY (Plaintiff) be 19 awarded attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 20 2412(d), in the total amount of Five Thousand Seven Hundred Six Dollars ($5,706.00). This amount 21 represents compensation for all legal services and expenses incurred on behalf of Plaintiff by 22 counsel in connection with this civil action. 23 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will 24 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue 25 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the 26 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 27 Program. After the order for EAJA fees is entered, the government will determine whether they are 28 subject to any offset. 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be 3 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 4 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T. 5 WALKER. 6 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 7 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 8 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 9 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., 10 may have relating to EAJA attorney fees in connection with this action. 11 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 12 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 13 Dated: April 23, 2020 Respectfully submitted, 14 /s/ Jared Walker JARED T. WALKER, 15 Attorney for Plaintiff 16 SO STIPULATED: 17 18 McGREGOR W. SCOTT United States Attorney 19 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 20 Social Security Administration 21 By: /s/ *Margaret Lehrkind* 22 MARGARET LEHRKIND (*authorized by e-mail on 4/20/2020) 23 Special Assistant United States Attorney 24 Attorneys for Defendant 25 26 27 28 wOASe Ch UV VELEN MMU I eer MV VI 1 ORDER 2 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access 3 to Justice Act (EAJA), 4 IT IS ORDERED that EAJA fees and expenses are awarded to plaintiff in the amount of Five 5 Thousand Seven Hundred Six Dollars ($5,706.00), inclusive of all amounts claimed, subject to and 6 || in accordance with the terms of the parties’ foregoing Stipulation. 7 || Dated: April 24, 2020 ~ 8 Chtten— Lhane ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 □□□ CTIDIN ATIAN ARII DDADACENR ADRED LAD