(SS) Chapman v. Commissioner of Social Security
(SS) Chapman v. Commissioner of Social Security
Trial Court Opinion
1 Robert C Weems (SBN 148156) WEEMS LAW OFFICES 2 1020 B ST SAN RAFAEL, CA 94901 3 Ph: 415.881.7653 4 Fx: 866.610.1430 [email protected] 5 Attorney for Plaintiff, LESLIE A. CHAPMAN 6
7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 (SACRAMENTO DIVISION) 10
11 LESLIE A. CHAPMAN, Case No. 2:24-CV-01010-DMC
12 Plaintiff, STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF 13 v. ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 14 COMMISSIONER OF SOCIAL SECURITY, U.S.C. § 2412(d) 15 Defendant.
16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees of SIX 18 THOUSAND FIVE HUNDRED DOLLARS ($6,500) under the Equal Access to Justice Act 19 (EAJA),
28 U.S.C. § 2412(d). This amount represents compensation for all legal services 20 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 21
28 U.S.C. § 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff’s assignment of EAJA fees to counsel Robert C. Weems (Counsel). 24 Pursuant to Astrue v. Ratliff,
560 U.S. 586, 598(2010), the ability to honor the assignment will 25 depend on whether the fees are subject to any offset allowed under the United States Department 26 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 27 determine whether they are subject to any offset. 28 ] Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 || that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 3 || be made directly to Counsel, under the assignment executed by Plaintiff. Any payments made 4 | shall be delivered to Counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 6 || attorney fees and is not an admission of liability by Defendant under the EAJA or otherwise. 7 || Payment of the agreed amount constitutes a complete release from, and bar to, any and all claims 8 | that Plaintiff and/or Counsel, including Counsel’s law firm and associates, may have relating to 9 || EAJA attormey fees in connection with this action. 10 This award is without prejudice to the rights of Counsel to seek Social Security Act 11 || attorney fees under
42 U.S.C. § 406(b), subject to the saving clause provisions of the EAJA. 12 WEEMS LAW OFFICES MICHELE BECK WITH 13 Acti cting United States Attorney 14 Eastern District of California MATHEW W. PILE 15 Associate General Counsel Office of Program Litigation, Office 7 16 Office of the General Counsel 7 Social Security Administration MICHELLE A. PAVELEK 18 Special Assistant U.S. Attorney 19 | /s/Robert C. Weems By: _/s/Michelle A. Pavelek Robert C. Weems, Michelle A. Pavelek, 20 Attorney for Plaintiff Special Assistant United States Attorney and Attorney for the Defendant 21 (per email authorization) 22 SO ORDERED: 23 24 Dated: April 18, 2025 Co 25 DENNIS M. COTA 26 UNITED STATES MAGISTRATE JUDGE 27 28 ORDER:
28 U.S.C. § 2412(d) AWARD 2 Case No. 2:24-CV-01010-DM(¢
Reference
- Status
- Unknown