Showers v. Commissioner of Social Security

Filing 31

STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/14/18 GRANTING Request to Stay re 28 Motion for Attorney Fees. Plaintiff shall file an amended Motion for Attorney Fees within 30 days of receiving the agency's notice determining plaintiff's actual past-due benefits. (Mena-Sanchez, L)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
[phone]
[phone] fax
Attorney for Plaintiff
DeANDRE SHOWERS

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0o-

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DeANDRE SHOWERS,

No. 2:16-CV-00053-CKD

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Plaintiff,

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v.
Carolyn Colvin,
ACTING COMMISSIONER OF SOCIAL
SECURITY,

STIPULATED REQUEST FOR
STAY OF MOTION FOR
406(b) ATTORNEY FEES
PENDING DETERMINATION
OF PLAINTIFF’S PAST-DUE
BENEFITS;
ORDER

Defendant.
_____________________________________/

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IT IS HEREBY STIPULATED between plaintiff and defendant, though their respective
counsel the undersigned, that proceedings on plaintiff’s motion for attorney fees under 42

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U.S.C. §406(b) be stayed pending defendant agency’s full determination of the exact amount

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of retroactive benefits due plaintiff, on which amount the attorney fee motion is based.
Plaintiff filed this motion in order to avoid any question regarding timeliness. However,
the motion itself indicates uncertainty about the amounts involved and explains why. The

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situation here is rather complicated. As a result of an earlier administrative law judge decision

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before this case reached this Court, plaintiff began receiving Supplemental Security Income

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payments. Following this Court’s decision, remand, and a subsequent ALJ decision, plaintiff
was found disabled as of the earlier date he had alleged. This entitles him to further, earlier
SSI benefits and also to Disabled Adult Child Social Security benefits.

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As of when plaintiff filed his attorney fee motion, first one notice and then another had

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issued regarding his DAC benefits, one based on his mother’s earnings record and the other based

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on his father’s. Only a few days ago, an SSI award notice issued. However, integration of all these

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differing amounts has not been performed by the agency, so the actual back benefit amount on
which plaintiff’s motion is predicated remains unknown.
Plaintiff will almost certainly have to file a slightly amended motion, modifying the
amounts discussed and requested.
THE PARTIES STIPULATE that, with the Court’s permission, proceedings on plaintiff’s
attorney fee motion be stayed until the agency calculates the integrated and combined benefit

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amount and plaintiff files an amended motion incorporating that new information.

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SO STIPULATED.

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DATED:

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December 11, 2018

/s/ Jesse S. Kaplan

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JESSE S. KAPLAN
Attorney for Plaintiff
DeANDRE SHOWERS

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

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DATED:

December 11, 2018

/s/ per e-mail authorization
BEN A. PORTER
Special Assistant U.S. Attorney
Attorney for Defendant

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ORDER

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For good cause shown on the basis of this stipulation, the requested stay is granted. Plaintiff

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shall file an amended motion for attorney fees within 30 days of receiving the agency’s notice
determining plaintiff’s actual past-due benefits.
SO ORDERED.
Dated: December 14, 2018

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE