(SS) Lee v. Commissioner of Social Security

1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 Stockton, California 95202 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 Attorney for Plaintiff UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DERECK S. LEE, No. 2:19-cv-0603 DB 10 Plaintiff, vs. STIPULATION AND ORDER FOR THE ANDREW SAUL, AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS Commissioner of Social Security, TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 14 1920 Defendant

18 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 EAJA in the amount of SEVEN-THOUSAND TWO-HUNDRED SIXTY-EIGHT dollars ($7,268.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and FOUR- HUNDRED dollars ($400.00) in costs under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

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, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees and 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.

6 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, expenses and costs to be made directly to Shellie Lott, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

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.

19 Respectfully submitted, Dated: December 18, 2020 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff McGREGOR W. SCOTT United States Attorney 24 DEBORAH L. STACHEL Regional Chief Counsel, Region IX Dated: December 18, 2020 /s/ Ellinor Coder (As authorized via email on 12/18/20) 27 ELLINOR R. CODER Special Assistant United States Attorney ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED.

3 DATED: January 6, 2021 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE