(SS) Potts v. Commissioner of Social Security

1:18-cv-01566 | E.D. Cal. | Oct 1, 2019

McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration Ellinor Ravenel Coder, SBN 258258 Special Assistant United States Attorney Assistant Regional Counsel Social Security Administration, Region IX 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8955 Fax: (415) 744-0134 E-mail: ellinor.coder@ssa.gov Attorneys for Defendant Jonathan O. Peña, Esq. CA Bar ID No.: 278044 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Telephone: 559-439-9700 Facsimile: 559-439-9700 info@jonathanpena.com Attorney for Plaintiff, Pamela Anne Potts

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Pamela Anne Potts, Case No. 1:18-cv-01566-EPG Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE v. EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) Andrew Saul, Commissioner of Social Security, (ECF No. 19)

Defendant. TO THE HONORABLE ERICA P. GROSJEAN , MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND FIVE HUNDRED AND NINTY-FIVE DOLLARS AND 56/100, $6,595.56, 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. Pursuant to Astrue v. Ratliff , 560 U.S. 586" date_filed="2010-06-14" court="SCOTUS" case_name="Astrue v. Ratliff">560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (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.
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, expenses and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of SIX THOUSAND FIVE HUNDRED AND NINTY-FIVE DOLLARS AND 56/100, $6,595.56, in EAJA attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. Respectfully submitted, Dated: September 27, 2019 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff
Dated: October 1, 2019 McGREGOR W. SCOTT United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX Social Security Administration

By: _* _Ellinor Ravenel Coder Ellinor Ravenel Coder Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature
obtained via email on October 1, 2019).

ORDER

IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, attorney fees in the amount of six thousand five hundred and ninety-five and 56/100 dollars ($6,595.56) are awarded, subject to the terms of the parties’ stipulation (ECF No. 19).

IT IS SO ORDERED.

Dated: October 1, 2019 /s/

UNITED STATES MAGISTRATE JUDGE