(SS) Jacob Rene Padilla v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JACOB RENE PADILLA, No. 1:19-cv-01469-EPG 11 Plaintiff, 12 STIPULATION AND ORDER FOR v. AWARD AND PAYMENT OF 13 ATTORNEYS FEES PURSUANT TO THE ANDREW SAUL, EQUAL ACCESS TO JUSTICE ACT (28 14 COMMISSIONER OF U.S.C. §2412(d)) SOCIAL SECURITY, 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 18 attorneys, subject to the approval of the Court, that Jacob Rene Padilla (Plaintiff) be awarded 19 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the amount 20 of six thousand seven hundred and seventeen dollars and six cents ($6,717.06). This represents 21 compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this 22 civil action, in accordance with 28 U.S.C. §2412 (d). 23 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 24 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 25 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 26 attorney fees are subject to any offset allowed under the United States Department of the 27 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 28 1 determine whether they are subject to any offset. 2 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 3 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 4 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 5 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 6 made shall be delivered to Plaintiff’s counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees and does not constitute an admission of liability on the part of Defendant under 9 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 10 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 11 and expenses in connection with this action. 12 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 13 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 14 Respectfully submitted, 15 Dated: November 3, 2020 NEWEL LAW 16 17 By: Melissa Newel 18 Melissa Newel Attorney for Plaintiff 19 JACOB RENE PADILLA 20 21 Dated: November 3, 2020 McGREGOR W. SCOTT United States Attorney 22 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 23 Social Security Administration 24 By: Daniel Talbert* 25 DANIEL TALBERT (*Authorized by email dated 11/03/2020) 26 Special Assistant U.S. Attorney Attorneys for Defendant 27 28 1 ORDER 2 IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. $2412, fees in the amount of six ; thousand seven hundred and seventeen dollars and six cents ($6,717.06) be awarded subject to the terms of the Stipulation (ECF No. 22). 7 | ITISSO ORDERED. | Dated: _ November 3, 2020 [Jee Py — 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28