(SS) Peoples v. Commissioner of Social Security

42.497 VV VLCC VINL’ bMVVULIICIIl Co PUM VV otc rPayet aviv || HARVEY P. SACKETT (72488) □□□ □□□ T AND ASSOCIATES A PROFESSIONAL LAW CORP. 548 Market Street, Suite 38822 San Francisco, California 94104-5401 Telephone: (408) 295-7755 Facsimile: (408) 295-7444 Attorney for Plaintiff T II 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA || DALE PEOPLES, ) Case No.: 2:19-cv-01221 CKD 12 ) Plaintiff, ) STIPULATION AND ORDER FOR 13 THE AWARD AND PAYMENT OF V. ) ATTORNEY FEES PURSUANT TO 14 ) THEEQUAL ACCESS TO JUSTICE ANDREW SAUL, ) ACT, 28 U.S.C. § 2412(d) 15 os . .

Commissioner of Social Security, ) 16 ) Defendant. ) jg jj) 19 On March 23, 2020, this Court issued an order reversing the final decision of the || Defendant, Andrew Saul, the Commissioner of Social Security (Commissioner), with a remand || for a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered.

2 In the interest of administrative and judicial economy, the parties have agreed to stipulate || that an award of THREE THOUSAND TWO HUNDRED SEVENTY-EIGHT AND EIGHTY 94 ||($3,278.80) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 25 ||is reasonable. This award is without prejudice to Plaintiffs right to seek attorney’s fees under || section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of 97 ||the EAJA. However, this award shall constitute a complete release from and bar to any claims 2g || Plaintiff may have relating to EAJA fees and costs. Further, such award shall not be used as original administrative decision denying benefits to Plaintiff was not substantially justified.

3 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 Harvey P. Sackett (“Counsel”). Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an 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 is entered, the Government will determine whether they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered and made payable to Counsel.

13 Accordingly, Defendant agrees to pay Plaintiff $3,278.80 in attorney’s fees.

14 All parties whose signature lines appear in this document have consented to its filing.

15 This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

19 //// 22 //// 25 //// 28 //// WQo0 4.497 UV Vitcet WVINL’ PYVUULDLICIIL OW PUM VVesticy rPaye v viv |! Dated: June 17, 2020 SACKETT AND ASSOCIATES /s/ HARVEY P. SACKETT 4 HARVEY P. SACKETT Attorney for Plaintiff 5 DALE PEOPLES Dated: June 15, 2020 McGREGOR W. SCOTT 7 United States Attorney 8 By: /s/ELLINOR RAVENEL CODER 9 ELLINOR RAVENEL CODER Special Assistant United States Attorney 10 Attorneys for Defendant [*as authorized by e-mail on 6/18/20] 12 ORDER Pursuant to the stipulation, IT IS SO ORDERED.

14 “ 7 * i Dated: June 24, 2020 {fl ft fb 15 CANO /- Le (G-—, eee creer cee eee ge 16 CAROLYN K. DELANEY ' UNITED STATES MAGISTRATE JUDGE