(SS) (CONSENT) Facey v. Commissioner of Social Security

PHILLIP A. TALBERT

Acting United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

MARGARET BRANICK-ABILLA, CSBN 223600

Special Assistant United States Attorney

160 Spear Street, Suite 800

San Francisco, California 94105

Telephone: (510) 970-4809

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-01596-DMC MALLORY FACEY, ) ) STIPULATION AND ORDER FOR THE Plaintiff, ) AWARD AND PAYMENT OF ) ATTORNEY FEES PURSUANT TO THE vs. ) EQUAL ACCESS TO JUSTICE ACT, 28 ) U.S.C. § 2412(d)

ANDREW SAUL, )

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 Mallory Facey (Plaintiff) be awarded attorney fees in the amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS ($8,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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 Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel Shellie Lott. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (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 to be made directly to counsel Shellie Lott, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to counsel Shellie Lott.

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 but not limited to Shellie Lott and Cerney Kreuze & Lott, LLP, 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.

Respectfully submitted,

Dated: June 25, 2021 CERNEY KREUZE & LOTT, LLP

By: /s/ Shellie Lott*

SHELLIE LOTT

Attorneys for Plaintiff [*As authorized by e-mail on Jun. 25, 2021] Dated: July 19, 2021 PHILLIP A. TALBERT

Acting United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

Social Security Administration

By: /s/ Margaret Branick-Abilla

MARGARET BRANICK-ABILLA

Special Assistant United States Attorney Attorneys for Defendant

ORDER

Pursuant to stipulation, IT IS SO ORDERED. * || Dated: July 19, 2021 Seo

DENNIS M. CO

UNITED STATES MAGISTRATE JUDGE ;

Stipulation & [Proposed] Order

2:19-cv-01596-DMC