(SS) Keeler v. Commissioner of Social Security

MCGREGOR W. SCOTT

United States Attorney

DEBORAH LEE STACHEL, CSBN 230138

Regional Chief Counsel, Region IX

Social Security Administration

FRANCESCO BENAVIDES, CABN 258924

Special Assistant United States Attorney

Assistant Regional Counsel

Social Security Administration, Region IX

160 Spear Street, Suite 800

San Francisco, California 94105

Tel: (415) 977-8978

Attorneys for Defendant

Lindsay F. Osterhout, Esq.

Osterhout Disability Law, LLC

521 Cedar Way, Suite 200

Oakmont, PA 15139 , Mark Allan Keeler

David Allen, Esq.

CA Bar ID No.: 87193

David Allen & Associates

5230 Folsom Boulevard

Sacramento, CA 95819

Attorney for Plaintiff, Mark Allan Keeler

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MARK ALLAN KEELER, Case No. 1:18-cv-00283-GSA

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,

Defendant.

TO THE HONORABLE GARY S. AUSTIN, 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 SEVEN THOUSAND SIX HUNDRED DOLLARS and 00/100 ($7,600.00) 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. Pursuant to 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, Lindsay F. Osterhout.

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 SEVEN THOUSAND SIX HUNDRED DOLLARS and 00/100 ($7,600.00) in EAJA attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Lindsay F. Osterhout, 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: 12/18/2019 /s/ Lindsay F. Osterhout

L INDSAY F. OSTERHOUT

Attorney for Plaintiff

/s/ David Allen

DAVID ALLEN

Attorney for Plaintiff

Dated: 12/18/2019 MCGREGOR W. SCOTT

United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

By: /s/ Francesco Benavides*

FRANCESCO BENAVIDES

Special Assistant U.S. Attorney

Attorneys for Defendant (*Permission to use electronic signature obtained via email on 12/18/2019).

IT IS SO ORDERED.

Dated: December 30, 2019 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE