(SS) Rathburn 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

160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (510) 970-4810 Facsimile: (415) 744-0134 E-Mail: [email protected]

Attorneys for Defendant

UNITED STATES DISTRICT COURT Attorneys for Defendant

EASTERN DISTRICT OF CALIFORNIA Attorneys for Defendant

SACRAMENTO DIVISION GABRIEL RATHBURN, ) Civil No. 2:20-cv-1466-DMC (SS)

) Plaintiff, ) STIPULATION AND ORDER THE

) v. ) AWARD AND PAYMENT OF

) ATTORNEY FEES AND EXPENSES

ANDREW SAUL, ) PURSUANT TO THE EQUAL ACCESS Commissioner of Social Security, ) ) T AO ND J U CS OT SI TC SE PA UC RT S, U2 A8 NU T.S . TC O. § 2 2 84 U12 .S(d .C), . §

) Defendant. 1920

) )

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 SIX HUNDRED dollars and NO cents ($600.00) under the Equal Access to Justice Act (EAJA), 28

4

U.S.C. § 2412(d) and FOUR HUNDRED dollars and NO cents ($400.00) 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).

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 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 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.

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 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.

Respectfully submitted,

Date: June 1, 2021 CHARLES E. BINDER & HARRY J. BINDER, LLP

By: /s/ Caspar Chan for Young Bin Yim * YOUNG BIN YIM *Authorized by email on June 1, 2021 Attorneys for Plaintiff

Date: June 1, 2021 PHILIP A. TALBERT

Acting United States Attorney Eastern District of California By: /s/Caspar Chan CASPAR CHAN Special Assistant United States Attorney

Attorneys for Defendant

ORDER APPROVED AND SO ORDERED

Dated: June 1, 2021

DENNIS M. CO UNITED STATES MAGISTRATE JUDGE