Martell v. Andrew Saul

HARVEY P. SACKETT (72488) □□□ □□□ T

AND ASSOCIATES

A PROFESSIONAL LAW CORP.

548 Market Street, Suite 38822

San Francisco, California 94104-5401

Telephone: (408) 295-7755

Facsimile: (408) 295-7444

Attorney for Plaintiff

IV /as

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RAUL MARTELL, ) Case No.: 1:20-cv-03881-RMI )

Plaintiff, ) STIPULATION AND [PR@POSED} ORDER FOR THE AWARD AND V. ) PAYMENT OF ATTORNEY FEES ) PURSUANT TO THE EQUAL ANDREW SAUL, ) ACCESS TO JUSTICE ACT, 28 Commissioner of Social Security, ) U.S.C. § 2412(d) )

Defendant.

) jg jj)

On February 22, 2021 this Court issued an order reversing the final decision of the Defendant, Andrew Saul, the Commissioner of Social Security (Commissioner), with a remand for a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered.

In the interest of administrative and judicial economy, the parties have agreed to stipulate that an award of EIGHT HUNDRED SIXTY AND SEVENY-FIVE ($860.75) in attorney fees 94 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), is reasonable. This award is without prejudice to Plaintiff's right to seek attorney’s fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. However, this

STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) to EAJA fees and costs. Further, such award shall not be used as precedent in any future cases, nor be construed as a concession by the Commissioner that the original administrative decision denying benefits to Plaintiff was not substantially justified.

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 Harvey P. Sackett (“Counsel”). Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an 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 is entered, the Government will determine whether they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered and made payable to Counsel.

Accordingly, Defendant agrees to pay Plaintiff $860.75 in attorney’s fees.

All parties whose signature lines appear in this document have consented to its filing. This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

Dated: May 21, 2021 SACKETT AND ASSOCIATES

By: /s/ HARVEY P. SACKETT

HARVEY P. SACKETT

Attorney for Plaintiff

RAUL MARTELL

United States Attorney

By: /s/ANDREA BANKS

ANDREA BANKS

Special Assistant United States Attorney Attorneys for Defendant [*As authorized by email on 5/21/21] ORDER

Pursuant to the stipulation, IT IS SO ORDERED.

Dated: May 24, 2021

ROBERT M. ILLMAN

United States Magistrate Judge