(SS) Silveira v. Commissioner of Social Security

PHILIP A. TALBERT,

Acting U.S. Attorney

United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

S. WYETH McADAM, California State Bar No. 223876

Special Assistant United States Attorney

160 Spear Street, Suite 800

San Francisco, California 94105

Telephone: (415) 268-5610

Facsimile: (415) 744-0134

E-Mail: [email protected]

Attorneys for Defendant

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SACRAMENTO DIVISION

) Case No.: 2:19-cv-00933-KJN

ANTHONY J. SILVEIRA , III, ) ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 16 ANDREW SAUL, ) 2412(d), AND COSTS PURSUANT TO ) 28 U.S.C. § 1920; ORDER

Commissioner of Social Security, ) ) )

Defendant. )

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff Anthony J. Silveira , III be awarded attorney fees and expenses in the amount of FOUR THOUSAND FOUR HUNDRED AND FIFTY dollars ($4,450) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and no costs. 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).

After the Court issues an order for EAJA fees to Anthony J. Silveira, III, the government will consider the matter of Anthony J. Silveira, III’s assignment of EAJA fees to Jesse S. Kaplan, Esq. 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. Fees shall be made payable to Anthony J. Silveira , III, but if the Department of the Treasury determines that Anthony J. Silveira , III does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Jesse S. Kaplan, Esq., pursuant to the assignment executed by Anthony J. Silveira , III. Any payments made shall be delivered to Jesse S. Kaplan, Esq.

This stipulation constitutes a compromise settlement of Anthony J. Silveira, III’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 Anthony J. Silveira, III and/or Jesse S. Kaplan, Esq. including the Law Office of Jesse S. Kaplan, Esq. may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Jesse S. Kaplan, Esq. and/or Law Offices of Jesse S. Kaplan to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

Respectfully submitted,

Dated: March 5, 2021 /s/ Jesse §. Kaplan * (*as authorized via e-mail) JESSE S. KAPLAN

Attorney for Plaintiff ? PHILIP A. TALBERT,

Acting U.S. Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX Social Security Administration By: /s/S. Wyeth McAdam

S. WYETH McAdam

Special Assistant U.S. Attorney Attorneys for Defendant

ORDER

Pursuant to the parties’ stipulation, IT Is SO ORDERED.

Dated: March 10, 2021 fy’

Al i Noreen ). sitv.933 KENDALL J. □□□

UNITED STATES MAGISTRATE JUDGE

Stip. and Order for EAJA Fee Award.; 2:19-cv-00933-KIN 3