(SS) Bolger 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 JEFFREY BOLGER

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA -o0O0o-

JEFFREY BOLGER, ) No. 2:18-cv-02247 DB 15 ) Plaintiff, ) 16 ) STIPULATION AND v. ) 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 Five Thousand Dollars ($5,000.00) 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: June 26, 2020 /s/ Jesse S. Kaplan 19 JESSE S. KAPLAN Attorney for Plaintiff Dated: June 26, 2020 /s/ per email authorization 23 GINA TOMASELLI Special Assistant U.S. Attorney 24 Attorney for Defendant 1 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED.1 DATED: JUNE 30, 2020 /S/ DEBORAH BARNES 4 UNITED STATES MAGISTRATE JUDGE In light of this order, plaintiff’s June 19, 2020 motion for attorney’s fees (ECF No. 23) is denied as having been rendered moot.