(SS) Rael v. Commissioner of Social Security

1 John Metsker, Esq. SBN 268977 THE METSKER LAW FIRM P.O. Box 590881 San Francisco, CA 94159 Phone: 866-342-6180 Fax: 415-500-4081 [email protected] Attorney for Plaintiff UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA RUBEN R. RAEL, No. 2:19-cv-01448-CKD Plaintiff, 13 STIPULATION AND ORDER FOR THE v. AWARD OF ATTORNEY FEES 14 PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, Commissioner of Social Security, TO JUSTICE ACT, 28 U.S.C. § 2412(d) 16 Defendant.

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00). This amount represents compensation for all legal services rendered and costs incurred on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d).

1 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment will depend on whether the fees, expenses are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the government will determine whether they are subject to any offset.

Fees and expenses 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 to be made directly to the Metsker Law Firm, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

17 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in connection with this action. ///// ///// ///// | This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset | provisions of the EAJA.

Respectfully submitted, | Dated: November 30, 2020 /s/ John David Metsker 9 John David Metsker Attorney for Plaintiff 1 MCGREGOR W. SCOTT United States Attorney | Dated: November 30, 2020 /s/ Michael K. Marriott* MICHAEL K. MARRIOTT 14 *As authorized via email on 15 November 30, 2020 Special Assistant United States Attorney 16 Attorneys for Defendant 18 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED.

Dated: December 2, 2020 fet) 4 / 2 i, 71 CANO /- Ml. Le (g-—, — eS EE Oe 22 CAROLYN K. DELANEY 3 UNITED STATES MAGISTRATE JUDGE