Briggs v. 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 g

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEVADA (LAS VEGAS)

SHELENE I. BRIGGS, ) Case No.: 2:19-cv-01094-APG-NJK )

Plaintiff, ) STIPULATION AND [PROPOSED] 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. )

On January 6, 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 on January 7, 2021. In the interest of administrative and judicial economy, the parties have agreed to stipulate || that an award of FIVE THOUSAND SIXTY-SIX AND SIXTY-FIVE ($5,066.65) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), is reasonable. The Parties stipulate that no costs will be awarded under 28 U.S.C. § 1920. This award is without

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) Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA. However, this award shall constitute a complete release from and bar to any claims Plaintiff may have relating 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 $5,066.65 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: March 14, 2021 SACKETT AND ASSOCIATES /s/ HARVEY P. SACKETT

HARVEY P. SACKETT

Attorney for Plaintiff

SHELENE I. BRIGGS

Dated: March 14, 2021 CHRISTOPHER CHIOU

Acting United States Attorney By: /s/ALLISON JAIME CHEUNG

ALLISON JAIME CHEUNG

Special Assistant United States Attorney Attorneys for Defendant [*as authorized by e-mail on 3/14/21]

ORDER

Pursuant to the stipulation, IT IS SO ORDERED.

. ,

Dated: March 15, 2021

ANDREW P. GORDON

UNITED STATES DISTRICT JUDGE

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)