Robertson v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 9/9/2019 AWARDING Plaintiff attorney fees under the EAJA in the amount of $6,541.92. (Huang, H)

1
2
3
4
5

BESS M. BREWER, #100364
LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

6
7
8
9

MONIQUE ROBERTSON
Plaintiff,
v.

10
11

COMMISSIONER OF SSA,

12
13

Defendant.

14

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 2:18-cv-0143 DB

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE
EQUAL ACCESS TO
JUSTICE ACT

15
16

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

17

counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal

18

Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND FIVE

19

HUNDRED FORTY ONE DOLLARS AND NINETY TWO CENTS ($6,541.92). This amount

20

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

21

connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an

22

order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff’s

23

assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct.

24

2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and

25

expenses are subject to any offset allowed under the United States Department of the Treasury’s

26

Offset Program.

27
28

1

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

2

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

3

fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed

4

by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

5

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

6

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

7

the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

8

and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and

9

expenses in connection with this action.

10
11

This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act
attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

12
13
14

Dated: September 5, 2019

/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff

Dated: September 5, 2019

McGregor W. Scott
Acting United States Attorney

15
16
17
18
19
20

/s/ Carolyn Chen
CAROLYN CHEN
Special Assistant United States Attorney

21

Attorneys for Defendant

22
23
24
25
26
27
28

ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: September 9, 2019

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE