Raulfs v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 8/22/19 GRANTING 29 Motion for Attorney Fees. Plaintiff is AWARDED attorney fees and expenses in the amount of $8,600.00. (Kastilahn, A)

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ROBERT C. WEEMS CABN 148156
WEEMS LAW OFFICES
769 Center Blvd., PMB 38
Fairfax, CA 94930
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
ATTORNEY FOR PLAINTIFF
McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CAROL S. CLARK, MOBN 42670
Special Assistant United States Attorney
Social Security Administration
160 Spear St., Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: Carol S. [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARC HORST RAULFS,

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Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,

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Defendant.

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No. 2:17-cv-01805-DB
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d),
AND COSTS PURSUANT TO
28 U.S.C. § 1920 AND ORDER

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IT IS HEREBY STIPULATED by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Plaintiff be

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awarded attorney fees and expenses in the amount of eight thousand six hundred

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dollars ($8,600.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C.

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§ 2412(d), and no costs under U.S.C. § 1920. This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in

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connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

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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 counsel.

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

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(2010), the ability to honor the assignment will depend on whether the fees are

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subject to any offset allowed under the United States Department of the

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

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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

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Treasury determines that Plaintiff does not owe a federal debt, then the

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

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

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payments made shall be delivered to counsel.

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This stipulation constitutes a compromise settlement of Plaintiff’s request

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

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part of Defendant under the EAJA or otherwise. Payment of the agreed amount

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shall constitute a complete release from, and bar to, any and all claims that

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Plaintiff and/or counsel including counsel’s firm may have relating to EAJA

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attorney fees in connection with this action.

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This award is without prejudice to the rights of counsel and/or counsel’s

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

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to the savings clause provisions of the EAJA.

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Respectfully submitted,
By: /s/ Robert C. Weems*
ROBERT C. WEEMS
* By email authorization on August 19, 2019
Attorneys for Plaintiff

Dated: August 21, 2011

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Dated: August 21, 2011

McGREGOR W. SCOTT
United States Attorney

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By: /s/ Carol S. Clark
CAROL S. CLARK
Special Assistant United States Attorney

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED. 1

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DATED: August 22, 2019

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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In light of the parties’ stipulation, plaintiff’s June 19, 2019 motion for attorney’s
fees (ECF No. 29) is deemed withdrawn.

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