Lor v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/9/2020 AWARDING plaintiff attorney fees in the amount of $8,624.00 under the Equal Access to Justice Act. (Zignago, K.)

1
2
3
4

JOHN V. JOHNSON
Attorney for Plaintiff
McGregor W. Scott
United States Attorney
DEBORAH LEE STACHEL, Bar No. 230138
Regional Chief Counsel, Region IX
Gina Tomaselli
Special Assistant United States Attorney

5
6

8

Social Security Administration
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
E-Mail: [e-mail]

9

Attorney for Defendant

7

10

UNITED STATES DISTRICT COURT

11

FOR THE EASTERN DISTRICT OF CALIFORNIA

12

SACRAMENTO DIVISION

13
14
15
16
17
18
19

CHOR LOR,

)
)
Plaintiff,
)
)
vs.
)
)
ANDREW W. SAUL, commissioner
)
of the Social Security Administration,
)
)
)
Defendant.
)
__________________________________________ )

CASE. No.: 2:18-CV-01046-KJN
STIPULATION AND ORDER
FOR ATTORNEY’S FEES PURSUANT
TO 28 U.S.C. SECTION 2412(d)

20
21

It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval

22

of the Court, that Chor Lor, will be awarded attorney fees in the amount of EIGHT THOUSAND SIX HUNDRED

23

TWENTY FOUR and NO CENTS DOLLARS ($8,624.00) under the Equal Access to Justice Act (EAJA), 28

24

U.S.C. section 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by

25

counsel in connection with this civil action, in accordance with 28 U.S.C. section 2412(d).

26

After the Court issues an order for EAJA fees to Chor Lor, the Defendant will consider any assignment of

27

EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor

28

1

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

2

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

3

whether they are subject to any offset.

4

Fees shall be made payable to Chor Lor, but if the Department of the Treasury determines that

5

Chor Lor, does not owe a federal debt, then the government shall cause the payment of fees to be made directly to

6

John V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be delivered directly to

7

John V. Johnson.
This stipulation constitutes a compromise settlement of Chor Lor’s request for EAJA attorney fees and does

8
9

not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the agreed amount

10

shall constitute complete release from, and bar to, any and all claims that Chor Lor, and/or John V. Johnson may

11

have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of

12

John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. Section 406(b) subject to the savings

13

clause provisions of EAJA.

14
15

Respectfully Submitted,
DATED: April 7, 2020

/ s / John V. Johnson
(As authorized
[e-mail])
John V. Johnson
Attorney for Plaintiff

DATED: April 7, 2020

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

16
17
18
19
20
21

By: / s / Gina Tomaselli
GINA TOMASELLI
Special Assistant U.S. Attorney
Attorney for Defendant

22
23
24

ORDER
APPROVED AND SO ORDERED.

25
26

Dated: April 9, 2020

27
lor.1046

28