(SS) Gutierrez v. Commissioner of Social Security

PHILIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CASPAR CHAN, CSBN 294804 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 415-977-8961 Facsimile: 415-744-0134 Email: [email protected] Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION ) Case No.: 2:19-cv-02563-CKD (SS) PRISCILLA GUTIERREZ, ) ) 14 Plaintiff, ) STIPULATION AND ORDER THE ) AWARD AND PAYMENT OF 15 vs. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS 16 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d), ANDREW SAUL, ) AND COSTS PURSUANT TO 28 U.S.C. § 17 Commissioner of Social Security, ) 1920 ) 18 ) Defendant.

1 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 FOUR THOUSAND SEVEN HUNDRED NINETY-FIVE dollars ($4,795.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and FOUR HUNDRED dollars in costs under 28 U.S.C. § 1920. 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. §§ 1920; 2412(d).

8 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 counsel. Pursuant to Astrue v. Ratliff, 560 10 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.

14 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 counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to counsel.

18 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 counsel including counsel’s firm may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

This stipulation also serves as notice that Plaintiff withdraws his Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (Dkt. No. 25).

I Date: March 5, 2021 JESSE S. KAPLAN 2 By: /s/Caspar Chan for Jesse Kaplan * JESSE S. KAPLAN 3 *Authorized by email on March 5, 2021 4 Attorneys for Plaintiff Date: March 5, 2021 PHILIP A. TALBERT 6 Acting United States Attorney 7 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX By: /s/Caspar Chan ? CASPAR CHAN 10 Special Assistant United States Attorney Attorneys for Defendant ORDER APPROVED AND SO ORDERED. The Clerk of Court shall note on the docket that M4 plaintiff's motion for attorney’s fees under EAJA (ECF No. 25) is withdrawn.

16 |! Dated: March 5, 2021 ot Hg, 7 Cand Kh. Hos ee ee ee 18 CAROLYN K. DELANEY : UNITED STATES MAGISTRATE JUDGE