(SS) Ramirez v. Commissioner of Social Security

1 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration Carol S. Clark, MOBN 42670 Special Assistant United States Attorney Assistant Regional Counsel 6 Social Security Administration, Region IX Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8975 E-mail: [email protected] Attorneys for Defendant David F. Chermol, Esquire Chermol & Fishman, LLC 11450 Bustleton Avenue Philadelphia, PA 19116 [email protected] P: (215) 464-7200 F: (215) 464-7224 Attorney for Plaintiff 17 UNITED STATES DISTRICT COURT 18 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION SARAH NICHOLE RAMIREZ, Case No. 1:19-cv-01127-LJO-BAM 21 Plaintiff, STIPULATION AND ORDER FOR THE 22 AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) ANDREW SAUL, Commissioner of 28 U.S.C. § 2412(d) Social Security, 26 Defendant.

1 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that Plaintiff be awarded attorney fees in the amount of ONE THOUSAND TWO HUNDRED AND TWENTY-FOUR DOLLARS AND 00/100, $1,2244.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of SIX HUNDRED AND TWENTY-FIVE DOLLARS AND 00/100, $625.00, under 28 U.S.C. § 1910. 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. § 1910; 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.

17 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, David Chermol.

22 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 or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney may have relating to EAJA attorney fees in connection with this action.

1 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.

4 Respectfully submitted, Dated: January 2, 2020 /s/ David Chermol 7 D AVID CHERMOL Attorney for Plaintiff (signature authorized by email on 9 J anuary 2, 2020)

Dated: January 2, 2020 McGREGOR W. SCOTT 12 United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 14 Social Security Administration By: Carol S. Clark 16 Carol S. Clark Special Assistant U.S. Attorney Attorneys for Defendant

1 ORDER 2 Based upon the parties’ stipulation, IT IS HEREBY ORDERED that attorneys’ fees in the amount of one thousand two hundred and twenty-four dollars ($1,224.00) pursuant to 28 U.S.C. § 4 2412(d) and costs in the amount of six hundred and twenty-five dollars ($625.00) pursuant to 28 5 U.S.C. § 1920 be awarded subject to the terms of the Stipulation.

7 IT IS SO ORDERED.

8 Dated: January 7, 2020 /s/ Lawrence J. O’Neill _____ 9 UNITED STATES DISTRICT JUDGE