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

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 PAMALA J. MYRICK, No. 1:19-cv-01659-GSA 5 Plaintiff, 6 STIPULATION AND ORDER FOR THE v. AWARD OF ATTORNEY FEES 7 PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, 8 Commissioner of Social Security, TO JUSTICE ACT, 28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. 9 Defendant. § 1920 10 11 IT IS HEREBY STIPULATED by and between the parties through their 12 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 13 attorney fees under the Equal Access to Justice Act (EAJA) in the amount of FIVE 14 15 THOUSAND THREE HUNDRED TWENTY EIGHT DOLLARS AND FIFTY 16 SEVEN CENTS ($5,328.57) and costs under 28 U.S.C. § 1920 in the amount of 17 18 FOUR HUNDRED DOLLARS ($400.00). These amounts represent compensation 19 for all legal services rendered and costs incurred on behalf of Plaintiff, to date, by 20 counsel in connection with this civil action, in accordance with 28 U.S.C. 21 22 §§ 2412(d) and 1920. 23 After the Court issues an order for EAJA fees and expenses to Plaintiff, the 24 government will consider the matter of Plaintiff’s assignment of EAJA fees and 25 26 expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), 27 the ability to honor the assignment will depend on whether the fees, expenses are 28 1 subject to any offset allowed under the United States Department of the Treasury’s 2 Offset Program. After the order for EAJA fees and expenses is entered, the 3 government will determine whether they are subject to any offset. 4 5 Fees and expenses shall be made payable to Plaintiff, but if the Department 6 of the Treasury determines that Plaintiff does not owe a federal debt, then the 7 government shall cause the payment of fees to be made directly to the Metsker Law 8 9 Firm, pursuant to the assignment executed by Plaintiff. Any payments made shall 10 be delivered to Plaintiff’s counsel. 11 12 This stipulation constitutes a compromise settlement of Plaintiff's request for 13 EAJA attorney fees and expenses, and does not constitute an admission of liability 14 on the part of Defendant under the EAJA. Payment of the agreed amount shall 15 16 constitute a complete release from, and bar to, any and all claims that Plaintiff 17 and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in 18 connection with this action. 19 20 This award is without prejudice to the rights of Plaintiff's counsel to seek 21 Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset 22 provisions of the EAJA. 23 24 25 Respectfully submitted, 26 27 Dated: March 9, 2021 /s/ John David Metsker John David Metsker 28 1 Attorney for Plaintiff 2 3 Dated: March 9, 2021 /s/ Ellinor Ravenel Coder* ELLINOR RAVENEL CODER 4 *As authorized via email on 5 March 9, 2021 Special Assistant United States Attorney 6 Attorney for Defendant 7 8 ORDER 9 10 Pursuant to the parties’ stipulation, 11 IT IS SO ORDERED. 12 Dated: March 10, 2021 /s/ Gary S. Austin 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28