(SS) Breedlove-O'Neal II v. Commissioner of Social Security ( 2024 )

1 Robert C Weems (SBN 148156) Weems Law Offices 2 769 Center Blvd., PMB 38 Fairfax, CA 94930 3 Ph: 415.881.7653 4 Fx: 866.610.1430 rcweems@weemslawoffices.com 5 Attorney for Plaintiff, JERSEY BREEDLOVE-O’NEAL II 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 (SACRAMENTO DIVISION) 10 Civil No. 2:24-cv-00398-JDP 11 JERSEY BREEDLOVE-O’NEAL II, STIPULATION FOR THE AWARD 12 Plaintiff, AND PAYMENT OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO 13 v. JUSTICE ACT, 28 U.S.C. § 2412(d) 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees of EIGHT 18 THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($8,500.00) under the Equal 19 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 20 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with 28 U.S.C. § 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff’s assignment of EAJA fees to counsel Robert C. Weems (Counsel). 24 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will 25 depend on whether the fees are subject to any offset allowed under the United States Department 26 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 27 determine whether they are subject to any offset. 28 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 | that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 3 | be made directly to Counsel, under the assignment executed by Plaintiff. Any payments made 4 | shall be delivered to Counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 6 || attorney fees and is not an admission of liability by Defendant under the EAJA or otherwise. 7 | Payment of the agreed amount constitutes a complete release from, and bar to, any and all claims 8 | that Plaintiff and/or Counsel, including Counsel’s law firm and associates, may have relating to 9 | EAJA attorney fees in connection with this action. 10 This award is without prejudice to the rights of Counsel to seek Social Security Act 11 | attorney fees under 42 U.S.C. § 406(b), subject to the saving clause provisions of the EAJA. 12 B WEEMS LAW OFFICES PHILLIP A. TALBERT United States Attorney 14 Eastern District of California MATHEW W. PILE 15 Associate General Counsel Office of Program Litigation, Office 7 16 Office of the General Counsel U7 Social Security Administration CASPAR I. CHAN (CA SBN 294804) 18 Special Assistant United States Attorney 19 | 4s/Robert C. Weems By: _/s/ Caspar I. Chan Robert C. Weems, CASPAR I. CHAN 20 Attorney for Plaintiff Special Assistant United States Attorney Attorney for Defendant 22 93 | ITIS ORDERED. 24 [ — 95 Dated: _ November 14, 2024 Q———— JEREMY D. PETERSON 26 UNITED STATES MAGISTRATE JUDGE 27 28 AWARD UNDER 28 U.S.C. § 2412(d) 2 Civil No. 2:24-cv-00398-JD!