(SS) Chavez v. Commissioner of Social Security

1 JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 Carmichael, CA 95608 (916) 488-3030 (916) 489-9297 fax Attorney for Plaintiff DANIEL CHAVEZ

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA -o0O0o- DANIEL CHAVEZ, ) No. 2:18-cv-01079-EFB 15 ) Plaintiff, ) ) STIPULATION AND v. ) PROPOSED ORDER ) APPROVING SETTLEMENT Andrew Saul ) OF ATTORNEY FEES UNDER COMMISSIONER OF SOCIAL ) THE EQUAL ACCESS TO SECURITY, ) JUSTICE ACT [28 U.S.C. 20 §2412(d)] ) 21 Defendant. ) ____________________________________) THE PARTIES STIPULATE through the undersigned, subject to the approval of the Court, that plaintiff be awarded attorney fees in the amount of Four Thousand Two Hundred Dollars ($4,200.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no award of costs. This will represent compensation for all legal services rendered by counsel for plaintiff in this civil action and in accordance with that statute.

Upon the Court’s order, defendant will consider the assignment of those EAJA fees pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed under the United States Department of Treasury’s Offset Program. Fees shall be made payable to plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by plaintiff and will deliver the payment to said counsel.

This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees and not an admission of liability of defendant under the EAJA. Payment of this agreed amount shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA.

18 Dated: January 9, 2020 /s/ Jesse S. Kaplan JESSE S. KAPLAN 20 Attorney for Plaintiff Dated: January 9, 2020 /s/ per email authorization 23 JEFFREY CHEN Special Assistant U.S. Attorney 24 Attorney for Defendant 1 ORDER GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that defendant pay plaintiffs attorney fees pursuant to the EAJA in accordance with this stipulation. s || The Clerk is direct to terminate ECF No. 25.

6 |}DATED: January 14, 2020.

3 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE [Pleading Title] - 3