(SS) Westfall v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 2/12/2021 AWARDING plaintiff attorney's fees under the EAJA in the amount of $8,000.00; DENYING AS MOOT 19 Motion for Attorney Fees. (Zignago, K.)

1
2
3
4
5
6
7

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

8
9

Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19

GLENN A. WESTFALL,

)
)
Plaintiff
)
)
v.
)
)
ANDREW M. SAUL,
)
Commissioner of Social Security,
)
)
Defendant
)
)
____________________________________)

No. 2:19-cv-00957-DB
STIPULATION AND
ORDER FOR AWARD OF ATTORNEY’S
FEES UNDER THE EQUAL ACCESS TO
JUSTICE ACT (EAJA)

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

20

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

21

Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount of eight thousand dollars and

22

zero cents ($8,000.00); and no costs under 28 U.S.C. § 1920. This amount represents compensation

23

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

24

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

25
26

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 his counsel, Jared Walker. Pursuant to Astrue v.
Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment

27

will depend on whether the fees are subject to any offset allowed under the United States Department
28
Westfall v. Saul

Stipulation and Order

E.D. Cal. 2:19-cv-00957-DB

1

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

2

determine whether they are subject to any offset.

3
4

Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that
Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses
and costs to be made directly to Jared Walker, pursuant to the assignment executed by Plaintiff. Any

5

payments made shall be delivered to Jared Walker.
6

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

7

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

8

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

9

and all claims that Plaintiff and/or Jared Walker, including his firm, may have relating to EAJA

10
11
12

attorney fees in connection with this action.
This award is without prejudice to the rights of Jared Walker to seek Social Security Act
attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA .

13
14
15

Respectfully submitted,
Dated: December 29. 2020

16

By:
17
18

/s/ Jared Walker*
JARED WALKER
* By email authorization on 12/28/20
Attorney for Plaintiff

19
20

Dated: December 29, 2020

McGREGOR W. SCOTT
United States Attorney

21

By:

22
23

/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney

24
25
26
27
28
Westfall v. Saul

Stipulation and Order

E.D. Cal. 2:19-cv-00957-DB

ORDER

1
2
3
4

Pursuant to the parties’ stipulation, IT IS SO ORDERED. It is also ordered that the December
15, 2020 motion for attorney’s fees (ECF No. 19) is denied as having been rendered moot.
DATED: FEBRUARY 12, 2021

5

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Westfall v. Saul

Stipulation and Order

E.D. Cal. 2:19-cv-00957-DB