(SS) Caren v. Commissioner of Social Security ( 2022 )

1 PETER E. BRIXIE, Bar #124186 Attorney at Law 2 410 Twelfth Street, Suite One Sacramento, CA 95814 3 Telephone: (916) 658-1880 Fax: (916) 658-1884 E-mail: peterbrixie@gmail.com 4 Attorney for JOHN CAREN 5 UNITED STATE DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 JOHN CAREN, No. 2:21-cv-0442 DB Plaintiff, 8 STIPULATION AND ORDER FOR 9 vs. PAYMENT OF PLAINTIFF’S ATTORNEY FEES 10 COMMISSIONER OF SOCIAL SECURITY, Defendant 11 To the honorable DEBORAH BARNES, it is hereby stipulated by and between the 12 parties through their undersigned counsel, subject to the approval of the Court, that JOHN 13 CAREN be awarded attorney fees and expenses in the amount of $10,650.00 under the Equal 14 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 15 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 16 accordance with 28 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to JOHN CAREN, the government will 17 consider the matter of assignment of EAJA fees to PETER BRIXIE. The retainer agreement 18 containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 19 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to 20 any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to 21 any offset. 22 Fees shall be made payable to JOHN CAREN, but if the Department of the Treasury 23 determines that JOHN CAREN does not owe a federal debt, then the government shall cause the 24 payment of fees, expenses and costs to be made directly to PETER BRIXIE pursuant to the assignment executed by JOHN CAREN Any payments made shall be delivered to PETER 25 BRIXIE 1 This stipulation constitutes a compromise settlement of JOHN CAREN’s request for 2 EAJA attorney fees in the JOHN CAREN vs. COMMISSIONER OF SOCIAL SECURITY case but does not constitute an admission of liability on the part of Defendant under the EAJA or 3 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, 4 any and all claims that JOHN CAREN and/or PETER BRIXIE, as his counsel including 5 counsel’s firm may have relating to EAJA attorney fees in connection with this action. 6 This award is without prejudice to the rights of PETER BRIXIE and/or counsel’s firm to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 7 provisions of the EAJA. 8 Respectfully submitted, 9 Dated: April 5, 2022 By: /s/ Peter Brixie 10 PETER E. BRIXIE Attorney at Law 11 Attorney for Plaintiff 12 Dated: April 5, 2022 /s/Linda Green 13 LINDA H. GREEN Special Assistant United States Attorney 14 Attorneys for Defendant 15 ORDER 16 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 17 DATED: April 8, 2022 /s/ DEBORAH BARNES 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25