(SS) Gifford v. Commissioner of Social Security ( 2024 )

PHILLIP A. TALBERT 1 United States Attorney MATHEW W. PILE 2 Associate General Counsel 3 Office of Program Litigation, Office 7 Office of the General Counsel 4 Social Security Administration MARGARET BRANICK-ABILLA 5 Special Assistant United States Attorney 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 570-4809 Email: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 PAUL BRIAN GIFFORD, ) Case No. 2:22-cv-02093-CKD ) 13 Plaintiff, ) STIPULATION AND ORDER FOR THE 14 ) AWARD AND PAYMENT OF vs. ) ATTORNEY FEES PURSUANT TO THE 15 ) EQUAL ACCESS TO JUSTICE ACT, 28 COMMISSIONER OF SOCIAL SECURITY, ) U.S.C. § 2412(d) 16 ) 17 Defendant. ) ) 18 ) ) 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 amount 23 of FOURTEEN THOUSAND, ONE HUNDRED AND SIXTY-SIX DOLLARS AND ZERO 24 CENTS ($14,166.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This 25 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 26 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 28 matter of Plaintiff’s assignment of EAJA fees to counsel Robert C. Weems (Counsel). Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on 1 whether the fees are subject to any offset allowed under the United States Department of the 2 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 12 associates, may have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 16 Respectfully submitted, 17 Dated: May 6, 2024 WEEMS LAW OFFICES 18 By: /s/ Robert C. Weems* 19 ROBERT C. WEEMS Attorneys for Plaintiff 20 [*As authorized by e-mail on May 6, 2024] 21 22 Dated: May 7, 2024 PHILLIP A. TALBERT United States Attorney 23 24 By: /s/ Margaret Branick-Abilla ___ MARGARET BRANICK-ABILLA 25 Special Assistant United States Attorney Attorneys for Defendant 26 27 28 ORDER 2 Pursuant to stipulation, 3 4 1. The stipulation at ECF No. 32 is GRANTED; and 5 2. Plaintiff's motion for EAJA fees (ECF No. 29) is DENIED as moot. © |} SO ORDERED. Dated: May 7, 2024 Card Kt | / “& / 0. a, CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28