Munoz Ferrer v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), signed by Magistrate Judge Gary S. Austin on 1/23/2020. (Apodaca, P)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARGARET BRANICK-ABILLA, CSBN 223600
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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ISRAEL MUNOZ FERRER,

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Plaintiff,

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vs.

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ANDREW SAUL,
Commissioner of Social Security,

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Defendant.
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Case No. 1:18-cv-00494-GSA
STIPULATION AND ORDER FOR THE
AWARD AND PAYMENT OF
ATTORNEY FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412(d)

IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the
amount of SIX THOUSAND, SEVEN HUNDRED, FIFTEEN DOLLARS AND ZERO CENTS
($6,715.00) 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).

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Stipulation and [Proposed] Order
1:18-cv-00494-GSA
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to counsel Kelsey Brown, Mackenzie Legal,

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PLLC. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the

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assignment will depend on whether the fees are subject to any offset allowed under the United

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States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered,

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the government will determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to

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be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments

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made shall be delivered to counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees, and does not constitute an admission of liability on the part of Defendant under the

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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or counsel Kelsey Brown, including Mackenzie

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Legal, PLLC, may have relating to EAJA attorney fees in connection with this action.

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Stipulation and [Proposed] Order
1:18-cv-00494-GSA
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This award is without prejudice to the rights of counsel to seek Social Security Act
attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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Respectfully submitted,
Dated: January 22, 2020

MACKENZIE LEGAL, PLLC

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By: /s/ Kelsey Mackenzie Brown*
KELSEY MACKENZIE BROWN
Attorneys for Plaintiff
[*As authorized by e-mail on Jan. 22, 2020]

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Dated: January 23, 2020

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By: /s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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IT IS SO ORDERED.
Dated:

January 23, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Stipulation and [Proposed] Order
1:18-cv-00494-GSA
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