(SS) Nou v. Commissioner of Social Security

McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration ASIM H. MODI, NYSBN 4692018 Special Assistant United States Attorney 5 Social Security Administration Harold Washington Social Security Center 6 600 West Madison Street, 6th Floor Chicago, Illinois 60661 (312) 596-1868 8 Email: [email protected] Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION SEREY NOU, ) Case No. 2:19-cv-02573-AC 14 ) Plaintiff, ) STIPULATION FOR THE AWARD AND 15 ) PAYMENT OF ATTORNEY FEES AND 16 v. ) EXPENSES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 17 ANDREW SAUL, ) 2412(d) Commissioner of Social Security, ) ) 19 Defendant. ) ) 21 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 and expenses in the amount of SEVEN THOUSAND SIX HUNDRED DOLLARS ($7,600) 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).

27 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 Plaintiff’s counsel, Kelsey Mackenzie Brown. 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.

5 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 Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Kelsey Mackenzie Brown.

10 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. 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 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(b), subject to the savings clause provisions of the EAJA.

17 Respectfully submitted, Date: December 3, 2020 MACKENZIE LEGAL, PLLC 20 By: /s/ Asim H. Modi for Kelsey Mackenzie Brown* KELSEY MACKENZIE BROWN 21 *Authorized by email on December 3, 2020 Attorney for Plaintiff Date: December 3, 2020 McGREGOR W. SCOTT United States Attorney 24 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration By: /s/ Asim H. Modi 27 ASIM H. MODI 28 Special Assistant United States Attorney Attorneys for Defendant 1 ORDER 2 APPROVED AND SO ORDERED > | DATED: _ December 3, 2020 Cthren— Lhien—e_ 6 ALLISON CLAIRE , UNITED STATES MAGISTRATE JUDGE