(SS) Bracksieck v. Commissioner of Social Security

1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 Stockton, California 95202 Telephone: (209) 948-9384 Facsimile: (209) 948-0706

6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH GREGORY ALAN BRACKSIECK, Case No.: 2:18-cv-00661-AC Plaintiff, STIPULATION AND PROPOSED ORDER vs. 13 FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security, 16 Defendant

18 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 under the EAJA in the amount of SEVEN-THOUSAND FOUR-HUNDRED dollars ($7,400.00), in accordance with 28 U.S.C. § 2412, plus FOUR-HUNDRED ($400.00) for filing fee costs, in accordance with 28 U.S.C. § 1920, for a total of SEVEN-THOUSAND EIGHT-HUNDRED dollars ($7,800.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action.

After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses is entered, the government will determine whether they are subject to any offset.

6 Fees and expenses 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 Shellie Lott, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in connection with this action.

This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

19 Respectfully submitted, Dated: August 29, 2019 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff McGREGOR W. SCOTT United States Attorney 24 DEBORAH L. STACHEL Regional Chief Counsel, Region IX Date: August 29, 2019 /s/ Daniel P. Talbert (As authorized via email on 8/28/19) 27 DANIEL P. TALBERT Special Assistant United States Attorney 1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 2 Sutter Street, Suite 400 || Stockton, California 95202 Telephone: (209) 948-9384 || Facsimile: (209) 948-0706 || Attorney for Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO BRANCH GREGORY ALAN BRACKSIECK, Case No.: 2:18-cv-00661-AC Plaintiff, vs ORDER FOR THE AWARD OF 13 ATTORNEY FEES PURSUANT TO THE ANDREW SAUL, roe aU TO JUSTICE ACT, 28 Acting Commissioner of Social Security, S.C. □ (d) 16 Defendant 18 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees 19 under EAJA, in the amount of SEVEN-THOUSAND FOUR-HUNDRED dollars ($7,400.00), plus FOUR-HUNDRED ($400.00) for filing fee costs, for a total of SEVEN-THOUSAND EIGHT-HUNDRED dollars ($7,800.00), are awarded to Plaintiff, subject to the terms of the || stipulation.

24 IT IS SO ORDERED.

25 DATED: August 29, 2019 26 Athen LNap—e 7 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 2:18-cv-00661-AC PAGE 3