Frizzell v. Commissioner of Social Security

Filing 37

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 4/24/19 AWARDING attorney's fees in the amount of $8,700. (Coll, A)

1
2
3
4
5
6
7
8
9
10
11
12

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MICHAEL K. MARRIOTT, CSBN 280890
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
ROBERT WEEMS
Weems Law Offices
769 Center Blvd., PMB 38
Fairfax, CA 94930
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff

13
UNITED STATES DISTRICT COURT

14
15

EASTERN DISTRICT OF CALIFORNIA

16

SACRAMENTO DIVISION

17
18
19

RODNEY KEITH FRIZZELL,
Plaintiff,

20
21
22

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

23
24

Defendant.

)
)
)
)
)
)
)
)
)
)
)

25
26
27
28

1

Civil No. 2:17-cv-01472-AC
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d),
AND COSTS PURSUANT TO 28 U.S.C. §
1920

1

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

2

counsel, subject to the approval of the Court, that Rodney Keith Frizzell be awarded attorney

3

fees in the amount of Eight Thousand, Seven Hundred Dollars ($8,700) under the Equal

4

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

5

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

6

in accordance with 28 U.S.C. §§ 1920; 2412(d).

7

After the Court issues an order for EAJA fees to Rodney Keith Frizzell, the government

8

will consider the matter of Rodney Keith Frizzell’s assignment of EAJA fees to Robert

9

Weems. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the

10

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

11

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

12

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

13

Fees shall be made payable to Rodney Keith Frizzell, but if the Department of the

14

Treasury determines that Rodney Keith Frizzell does not owe a federal debt, then the

15

government shall cause the payment of fees, expenses and costs to be made directly to Robert

16

Weems, pursuant to the assignment executed by Rodney Keith Frizzell. Any payments made

17

shall be delivered to Robert Weems.

18

This stipulation constitutes a compromise settlement of Rodney Keith Frizzell’s request

19

for EAJA attorney fees, and does not constitute an admission of liability on the part of

20

Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a

21

complete release from, and bar to, any and all claims that Rodney Keith Frizzell and/or Robert

22

Weems including Weems Law Offices may have relating to EAJA attorney fees in connection

23

with this action.

24
25
26
27
28

2

1

This award is without prejudice to the rights of Robert Weems and/or Weems Law

2

Offices to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the

3

savings clause provisions of the EAJA.

4
5

Respectfully submitted,

6
Dated: April 19, 2019

WEEMS LAW OFFICES

7
By:

8
9
10
11

Dated: April 19, 2019

MCGREGOR W. SCOTT
United States Attorney

12
13

By:

14
15

/s/ Robert Weems*
ROBERT WEEMS
* By email authorization on April 19, 2019
Attorney for Plaintiff.

/s/ Michael K. Marriott
MICHAEL K. MARRIOTT
Special Assistant United States Attorney
Attorneys for Defendant

16
17
18
19

Of Counsel
Jeffrey Chen
Assistant Regional Counsel
Social Security Administration

20
21
22
ORDER

23
24
25
26

APPROVED AND SO ORDERED:
DATED:

April 24, 2019

27
28

3