Mason v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/3/2019 ORDERING the Award of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act. (Washington, S)

8

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
BEATRICE NA, CSBN 303390
Special Assistant United States Attorney
Office of the General Counsel
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

9

Attorneys for Defendant

1
2
3
4
5
6
7

10

UNITED STATES DISTRICT COURT

11
EASTERN DISTRICT OF CALIFORNIA

12
13

ERICK MASON,

14

Plaintiff,

15

v.

16
17
18

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

19

)
)
)
)
)
)
)
)
)
)
)

No. 2:16-cv-02734-CKD
JOINT STIPULATION AND PROPOSED
ORDER FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C.
§ 2412(d)

20
21

IT IS HEREBY STIPULATED by and between the parties through their undersigned

22

counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and

23

expenses in the amount of Three Thousand dollars ($ 3,000.00) under the Equal Access to

24

Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal

25

services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

26

accordance with 28 U.S.C. § 2412(d).

27
28

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 Plaintiff’s counsel, Robert Weems.

1

1

Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the

2

ability to honor the assignment will depend on whether the fees are subject to any offset

3

allowed under the United States Department of the Treasury’s Offset Program. After the order

4

for EAJA fees is entered, the government will determine whether they are subject to any offset.

5

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

6

determines that Plaintiff does not owe a federal debt, then the government shall cause the

7

payment of fees, expenses and costs to be made directly to counsel, pursuant to the assignment

8

executed by Plaintiff. Any payments made shall be delivered to counsel.

9

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

10

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

11

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

12

from, and bar to, any and all claims that Plaintiff and/or counsel may have relating to EAJA

13

attorney fees in connection with this action.

14
15

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.

16

Respectfully submitted,

17
Dated: March 28, 2019
18
19

By: /s/ Beatrice Na for Robert Weems *
ROBERT WEEMS
(* By email authorization on March 28, 2019)
Attorney for Plaintiff

20
21
22

Dated: March 28, 2019

23

By: /s/ Beatrice Na
BEATRICE NA
Special Assistant United States Attorney

24

Attorney for Defendant

25

APPROVED AND SO ORDERED.

26

Dated: April 3, 2019

27
28

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

2