(SS) Smith v. Commissioner of Social Security

PETER E. BRIXIE, Bar #124186 Attorney at Law Twelfth Street, Suite One Sacramento, CA 95814 Telephone: (916) 658-1880 Fax: (916) 658-1884 E-mail: [email protected] Attorney for MATTHEW SMITH UNITED STATE DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MATTHEW SMITH, No. 2:20-cv-1414 DB Plaintiff, STIPULATION AND ORDER FOR vs. PAYMENT OF PLAINTIFF’S ATTORNEY FEES COMMISSIONER OF SOCIAL SECURITY, Defendant

To the honorable DEBORAH BARNES, it is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval of the Court, that MATTHEW SMITH be awarded attorney fees and expenses in the amount of $6500.00 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. §§ 1920; 2412(d).

After the Court issues an order for EAJA fees to MATTHEW SMITH, the government will consider the matter of assignment of EAJA fees to PETER BRIXIE. The retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (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 MATTHEW SMITH, but if the Department of the Treasury determines that MATTHEW SMITH does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to PETER BRIXIE pursuant to the assignment executed by MATTHEW SMITH Any payments made shall be delivered to PETER BRIXIE This stipulation constitutes a compromise settlement of MATTHEW SMITH vs. COMMISSIONER OF SOCIAL SECURITY 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 MATTHEW SMITH may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of PETER BRIXIE 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: October 15, 2021 By: /s/ Peter Brixie PETER E. BRIXIE Attorney at Law Attorney for Plaintiff

Dated: October 15, 2021 /s/Mary Tsai MARY TSAI Special Assistant United States Attorney Attorneys for Defendant __ooo__

ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED.

DATED: October 21, 2021 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE