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

1 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CA 230138 Regional Chief Counsel, Region IX 3 Social Security Administration ELLINOR R. CODER, CA 258258 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 Telephone: (415) 977-8955 6 Facsimile: (415) 744-0134 E-Mail: Ellinor.Coder@ssa.gov 7 Attorneys for Defendant 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 SARAH B. KAUFFMAN, ) ) CIVIL NO. 2:19-cv-00850-KJN Plaintiff, ) STIPULATION FOR THE AWARD AND 15 v. ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE 16 ANDREW SAUL, ) EQUAL ACCESS TO JUSTICE ACT, 28 1 17 8 C ommi Dss eio fen ne dr ao nf t .S ocial Security, ) ) ) ) U .S.C. § 2412(d); ORDER ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 22 expenses in the amount of three thousand, eight hundred forty eight dollars and 44 cents 23 ($3,848.44) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 25 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel Jesse S. Kaplan (Dkt. 21-1). 28 1 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010), the 2 ability to honor the assignment will depend on whether the fees are subject to any offset allowed 3 under the United States Department of the Treasury’s Offset Program. After the order for 4 EAJA fees is entered, the government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 8 Plaintiff. Any payments made shall be delivered to counsel Jesse S. Kaplan. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under 11 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 12 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 13 14 relating to EAJA attorney fees in connection with this action. 15 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 17 provisions of the EAJA. 18 Respectfully submitted this 26th day of May, 2020. 19 /s/ Jesse S. Kaplan* 20 JESSE KAPLAN Attorney for Plaintiff 21 *Authorized by email on May 26, 2020 22 McGREGOR W. SCOTT 23 United States Attorney DEBORAH LEE STACHEL 24 Regional Chief Counsel, Region IX 25 Social Security Administration 26 By: /s/ Ellinor R. Coder 27 ELLINOR R. CODER Special Assistant United States Attorney 28 Attorneys for Defendant MASS □□□ ING IN MMIII Oo POCA ee POY VI 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and 3 || Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), IT IS ORDERED 4 || that fees and expenses in the amount of $3,848.44 as authorized by 28 U.S.C. § 2412 be awarded 5 || subject to the terms of the Stipulation. 6 || Dated: May 27, 2020 Fens Arn 8 EENDALLJ.NE 9 UNITED STATES MAGISTRATE JUDGE 10 ]] kauf.s50 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA STIPULATION