Hastie v. Commissioner of Social Security

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/11/2019 ORDERING that Plaintiff be awarded attorney fees in the amount of $7,000.00 under the Equal Access to Justice Act, 28:2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28:1920, 2412(d). (Reader, L)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARGARET BRANICK-ABILLA, CSBN 223600
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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JORDAN MARK SAMFORD HASTIE,
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Plaintiff,
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vs.
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ANDREW SAUL,
Commissioner of Social Security,1

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Defendant.
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Case No. 2:18-cv-00898-CKD
STIPULATION AND ORDER FOR THE
AWARD AND PAYMENT OF
ATTORNEY FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412(d)

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Andrew Saul is now the Commissioner of Social Security and is automatically substituted in
this action pursuant to Fed. R. Civ. P. 25(d). See 42 U.S.C. § 405(g) (action survives regardless
of any change in the person occupying the office of Commissioner of Social Security).

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

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

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amount of SEVEN THOUSAND DOLLARS AND ZERO CENTS ($7,000.00) under the Equal

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

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

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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

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the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560

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U.S. 586, 598 (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 Treasury’s Offset

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Program. After the order for EAJA fees is entered, the government will determine whether they

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are subject to any offset.

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

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

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be made directly to Osterhout Berger Disability Law, pursuant to the assignment executed by

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Plaintiff. Any payments made shall be delivered to counsel.

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

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

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

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bar to, any and all claims that Plaintiff and/or counsel including but not limited to Osterhout

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Berger Disability Law may have relating to EAJA attorney fees in connection with this action.

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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.

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Respectfully submitted,

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Dated: October 10, 2019

OSTERHOUT BERGER DISABILITY LAW LLC

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By: /s/ Lindsay F. Osterhout*
Lindsay F. Osterhout
Attorneys for Plaintiff
[*As authorized by e-mail on Oct. 10, 2019]

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Dated: October 11, 2019

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

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By: /s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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Dated: October 11, 2019

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE