Sandoval v. Saul ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DOLORES SANDOVAL, Case No.: 19-CV-1477-WVG 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION FOR ATTORNEY FEES 14 ANDREW SAUL, Commissioner of [Doc. No. 21.] Social Security, 15 Defendant. 16 17 18 The parties have stipulated that Plaintiff be awarded attorney fees in the amount of 19 $6,500 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and no costs 20 under 28 U.S.C. § 1920. This amount represents compensation for all legal services 21 rendered on behalf of Plaintiff by counsel in connection with this civil action in accordance 22 with 28 U.S.C. §§ 1920; 2412(d). 23 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the 24 assignment will depend on whether the fees are subject to any offset allowed under the 25 United States Department of the Treasury’s Offset Program. After this Order is entered, 26 the government shall determine whether they are subject to any offset. 27 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 28 determines that Plaintiff does not owe a federal debt, then the government shall cause the 1 || payment of fees, expenses and costs to be made directly to Josephine M. Gerrard, pursuant 2 the assignment executed by Plaintiff. Any payments made shall be delivered to 3 || Josephine M. Gerrard. 4 This fee award is the result of a compromise settlement of Plaintiff's request for 5 ||EAJA attorney fees and does not constitute an admission of liability on the part of 6 || Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a 7 ||complete release from, and bar to, any and all claims that Plaintiff and/or Josephine M. 8 || Gerrard, including her firm, Gerrard Law Offices, may have relating to EAJA attorney fees 9 |/in connection with this action. 10 This award is without prejudice to the rights of Josephine M. Gerrard or Gerrard 11 || Law Offices to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to 12 || the savings clause provisions of the EAJA. The EAJA award will be deducted from the 42 13 || U.S.C. § 406(b) motion for attorney fees. 14 The Court find Plaintiff meets the statutory requirements for an award of attorney 15 under the EAJA. 16 IT IS HEREBY ORDERED that the Commissioner of Social Security shall pay 17 || $6,500 in attorney’s fees. 18 || IT IS SO ORDERED. 19 || DATED: August 24, 2020 NS 21 Hon. William V. Gallo 2 United States Magistrate Judge 23 24 25 26 27 28