(SS) Breedlove-O'Neal II v. Commissioner of Social Security
2:24-cv-00398
E.D. Cal.
Nov 15, 2024
Check Treatment
Docket
Opinion Summary

Facts

  1. Plaintiff, Jersey Breedlove-O'Neal II, and Defendant, Commissioner of Social Security, agreed on an award of attorney fees. [lines="24-27"]
  2. The attorney fees awarded amount to $8,500 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). [lines="25-30"]
  3. The government will evaluate if the EAJA fees can be offset according to the Department of the Treasury’s Offset Program. [lines="31-39"]
  4. The stipulation for attorney fees is characterized as a compromise settlement and does not imply liability on the part of the Defendant. [lines="49-50"]
  5. Counsel retains the right to seek additional attorney fees under the Social Security Act, 42 U.S.C. § 406(b). [lines="54-55"]

Issues

  1. Whether Plaintiff should be awarded attorney fees under the EAJA in the amount agreed upon by both parties. [lines="24-27"]
  2. Whether any potential offsets would apply to the awarded EAJA fees before they are paid. [lines="36-39"]

Holdings

  1. The court approved the stipulated attorney fees of $8,500 under the EAJA as per the parties' agreement. [lines="24-27"]
  2. The determination of offsets on the payment of EAJA fees will occur after the court's order for the fees is issued. [lines="35-39"]

OPINION

Case Information

*1 Case 2:24-cv-00398-JDP Document 24 Filed 11/15/24 Page 1 of 2

Robert C Weems (SBN 148156) Weems Law Offices 769 Center Blvd., PMB 38 Fairfax, CA 94930 Ph: 415.881.7653 Fx: 866.610.1430 rcweems@weemslawoffices.com Attorney for Plaintiff, JERSEY BREEDLOVE-O’NEAL II

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO DIVISION) Civil No. 2:24-cv-00398-JDP JERSEY BREEDLOVE-O’NEAL II, STIPULATION FOR THE AWARD Plaintiff, AND PAYMENT OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO

v. JUSTICE ACT, 28 U.S.C. § 2412(d) COMMISSIONER OF SOCIAL SECURITY, Defendant.

IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees of EIGHT THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($8,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).

After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 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 whether the fees are subject to 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 any offset. AWARD UNDER 28 U.S.C. § 2412(d) 1 Civil No. 2:24-cv-00398-JDP

*2 Case 2:24-cv-00398-JDP Document 24 Filed 11/15/24 Page 2 of 2 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made directly to Counsel, under the assignment executed by Plaintiff. Any payments made shall be delivered to Counsel.

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and is not an admission of liability by Defendant under the EAJA or otherwise. Payment of the agreed amount constitutes a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and associates, may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the saving clause provisions of the EAJA. WEEMS LAW OFFICES

PHILLIP A. TALBERT

United States Attorney Eastern District of California MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration CASPAR I. CHAN (CA SBN 294804) Special Assistant United States Attorney

/s/Robert C. Weems By: /s/ Caspar I. Chan Robert C. Weems, CASPAR I. CHAN Attorney for Plaintiff Special Assistant United States Attorney

Attorney for Defendant IT IS SO ORDERED . Dated : November 14, 2024

JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE

AWARD UNDER 28 U.S.C. § 2412(d) 2 Civil No. 2:24-cv-00398-JDP

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