(SS) Martin v. Commissioner of Social Security

1 || HARVEY P. SACKETT (72488) 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 IV /as 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA No. 2:19-cv-0994-DB || JOHN A. MARTIN, 0. 2rtrev 12 STIPULATION AND ORDER FOR Plaintiff, ) THE AWARD AND PAYMENT OF 13 ) | ATTORNEY FEES PURSUANT TO 14 V. ) THE EQUAL ACCESS TO JUSTICE ) ACT, 28 U.S.C. § 2412(d) 15 ANDREW SAUL, ) Commissioner of Social Security, ) 16 ) Defendant. ) jg jj——__ 19 On October 22, 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 FIVE THOUSAND ($5,000.00) in attorney fees under the Equal Access to || Justice Act (EAJA), 28 U.S.C. § 2412(d), is reasonable. This award is without prejudice to || Plaintiff’s 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 the EAJA. However, this award shall constitute a STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) Further, such award shall not be used as precedent in any future cases, nor be construed as a concession by the Commissioner that the original administrative decision denying benefits to Plaintiff was not substantially justified.

5 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.

15 Accordingly, Defendant agrees to pay Plaintiff $5,000.00 in attorney’s fees.

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

17 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.

21 Dated: December 22, 2020 SACKETT AND ASSOCIATES /s/ HARVEY P. SACKETT 23 HARVEY P. SACKETT Attorney for Plaintiff 24 JOHN A. MARTIN Dated: December 22, 2020 ASIM H. MODI 26 United States Attorney 2 ASIM H. MODI Special Assistant United States Attorney 3 Attorneys for Defendant [*as authorized by e-mail on 12/22/20]

7 ORDER 8 Pursuant to the parties’ stipulation, IT IS SO ORDERED.

9 DATED: January 4, 2021 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE