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

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 7 E-Mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) Case No. 2:19-cv-01350-EFB STACY ANN ROBINSON, ) 14 ) STIPULATION AND [PROPOSED] Plaintiff, ) ORDER FOR THE AWARD AND 15 ) PAYMENT OF ATTORNEY FEES vs. ) PURSUANT TO THE EQUAL ACCESS 16 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d) ANDREW SAUL, ) 17 Commissioner of Social Security, ) ) 18 ) Defendant. ) 19 20 21 IT IS HEREBY STIPULATED by and between the parties through their undersigned 22 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 23 amount of ONE HUNDRED DOLLARS AND ZERO CENTS ($100.00) under the Equal Access 24 to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 25 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 26 accordance with 28 U.S.C. §§ 1920, 2412(d). 27 28 1 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 2 the matter of Plaintiff’s assignment of EAJA fees to counsel Jesse S. Kaplan. Pursuant to Astrue 3 v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether 4 the fees are subject to any offset allowed under the United States Department of the Treasury’s 5 Offset Program. After the order for EAJA fees is entered, the government will determine 6 whether they are subject to any offset. 7 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 8 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 9 be made directly to counsel Jesse S. Kaplan, pursuant to the assignment executed by Plaintiff. 10 Any payments made shall be delivered to counsel. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 12 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 13 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 14 bar to, any and all claims that Plaintiff and/or counsel including Jesse S. Kaplan may have 15 relating to EAJA attorney fees in connection with this action. This award is without prejudice to 16 the rights of counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject 17 to the savings clause provisions of the EAJA. 18 Respectfully submitted, 19 Dated: June 26, 2020 JESSE S. KAPLAN 20 By: /s/ Jesse S. Kaplan* 21 JESSE S. KAPLAN Attorneys for Plaintiff 22 [*As authorized by e-mail on Jun. 26, 2020] 23 24 ///// 25 ///// 26 ///// 27 ///// 28 4.497 VV VII LI WY bMVUUPLIPIOCEI Le ViiVsicy Payee vviv 1 Dated: July 1, 2020 McGREGOR W. SCOTT United States Attorney 2 By: /s/ Margaret Branick-Abilla 3 MARGARET BRANICK-ABILLA A Special Assistant United States Attorney Attorneys for Defendant 5 6 [PROPOSED] ORDER 7 8 || Pursuant to stipulation, IT IS SO ORDERED. 9 10 Dated: July 1, 2020. 11 - 4 2-—__—_ □ 12 “ ‘HON. EDMUND F. BRENNAN 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation & [Prepesed] Order Case No. 2:19-cv-01350-EFB