(SS) Aaron D. Wynne v. Commissioner of Social Security

Melissa Newel (#148563)

NEWEL LAW

2625 Alcatraz Ave., Suite 132

Berkeley, CA 94705 (510) 316-3827 [email protected]

Attorney for Plaintiff

AARON DAVID WYNNE

PHILLIP A. TALBERT

Acting United States Attorney

DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

ELLINOR R. CODER

Social Security Administration

Assistant United States Attorney

160 Spear Street, Suite 800

San Francisco, CA 94105 (510) 970-4814 [email protected]

Attorneys for Defendant

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

AARON DAVID WYNNE, No. 1:20-CV-01228 (BAM)

Plaintiff, v. STIPULATION AND ORDER FOR

AWARD AND PAYMENT OF

KILOLO KIJAKAZI, ATTORNEYS FEES PURSUANT TO THE ACTING COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT (28 SOCIAL SECURITY, U.S.C. §2412(d))

Defendant.

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, subject to the approval of the Court, that Aaron David Wynne (“Plaintiff”) be awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of three thousand one hundred and thirty-six dollars and eighty-seven cents ($3,136.87). This represents compensation for 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 Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the attorney 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 subject to offset, then the government shall cause the payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all 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 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(b), subject to the provisions of the EAJA.

Respectfully submitted,

Dated: September 17, 2021 NEWEL LAW

By: Melissa Newel

Melissa Newel

Attorney for Plaintiff

AARON DAVID WYNNE

Dated: September 23, 2021 PHILLIP A. TALBERT

Acting United States Attorney DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX Social Security Administration

By: Ellinor R. Coder

ELLINOR R. CODER (*Authorized by email dated 09/23/2021) Special Assistant U.S. Attorney Attorneys for Defendant

ORDER

Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) filed on September 23, 2021 (Doc. No. 19.):

IT IS HEREBY ORDERED that attorney fees in the amount of THREE THOUSAND ONE HUNDRED AND THIRTY-SIX DOLLARS AND EIGHTY-SEVEN CENTS ($3,136.87) be awarded subject to the terms of the stipulation.

IT IS SO ORDERED.

Dated: September 24, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE