(SS) Adams v. Commissioner of Social Security

1 JESSE KAPLAN Attorney at Law 5441 Fair Oaks Boulevard Suite C-1 Carmichael, CA 95608 916-488-3030 Attorney for Plaintiff 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 12 Social Security Administration, Region IX 13 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8975 E-mail: [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT 19 FOR THE EASTERN DISTRICT OF CALIFORNIA 20 SACRAMENTO DIVISION JOHN STEPHEN ADAMS, Case No. 2:17-cv-02087-EFB Plaintiff, STIPULATION AND (PROPOSED) ORDER FOR THE AWARD OF 24 v. ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) ANDREW SAUL, 28 U.S.C. § 2412(d) Commissioner of Social Security, 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 FIVE THOUSAND FIVE HUNDRED FIFTY DOLLARS and 00/100 ($5,500.00), 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, Jesse S. Kaplan.

20 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 FIVE THOUSAND FIVE HUNDRED FIFTY DOLLARS and 00/100 ($5,500.00) in EAJA attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jesse Kaplan, 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 14, 2020 /s/ Jesse Kaplan 7 JESSE KAPLAN 9g Attorney for Plaintiff ? Dated: January 14, 2020 McGREGOR W. SCOTT 10 United States Attorney ll DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 Social Security Administration By: _* Carol S. Clark 14 Carol S. Clark 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 (*Permission to use electronic signature U7 obtained via email on January 14, 2019).

19 The stipulation is approved. The Clerk is directed to terminate ECF No. 25.

20 So Ordered.

19 DATE: January 16, 2020. Gh tte Zz Libtiie—~_ “ HON. EDMUND F. BRENNAN 23 United States Magistrate Judge -3-