(SS) Newhouse v. Commissioner of Social Security ( 2021 )

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 Fax: (925) 522-5306 4 Email: francesco@benavidesdisabilitylaw.com 5 Attorney for Plaintiff 6 MARIE NEWHOUSE 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 MARIE NEWHOUSE, Case No. 1:20-cv-01678-GSA 11 Plaintiff, STIPULATION FOR THE AWARD AND 12 PAYMENT OF ATTORNEY FEES AND 13 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER 14 Commissioner of Social Security, 15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 18 of $6,150.66, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 19 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 20 with this civil action, in accordance with 28 U.S.C. § 2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 23 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 26 whether they are subject to any offset. 27 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 3 and costs to be made directly to Plaintiff’s attorney, Francesco Benavides, pursuant to the 4 assignment executed by Plaintiff. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 8 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 9 attorney fees in connection with this action. 10 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 11 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 12 EAJA. 13 14 Respectfully submitted, 15 16 Dated: July 29, 2021 Law Offices of Francesco Benavides 17 By: /s/ Francesco Benavides FRANCESCO P. BENAVIDES 18 Attorney for Plaintiff 19 20 Dated: July 29, 2021 PHILLIP A. TALBERT Acting United States Attorney 21 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 22 Social Security Administration 23 By: Ellinor R. Coder* 24 ELLINOR R. CODER Special Assistant U.S. Attorney 25 Attorneys for Defendant (*Permission to use electronic signature 26 obtained via email on July 29, 2021). 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of $6,150.66 as 4 authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 5 6 7 IT IS SO ORDERED. 8 Dated: July 30, 2021 /s/ Gary S. Austin 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27