(SS) Gifford v. Commissioner of Social Security

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/07/2024 GRANTING 32 Motion for Attorney Fees pursuant to Equal Access to Justice Act and DENYING 29 Motion for Attorney Fees as moot. (Nair, C)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
Office of the General Counsel
Social Security Administration
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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PAUL BRIAN GIFFORD,

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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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Case No. 2:22-cv-02093-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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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 amount

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of FOURTEEN THOUSAND, ONE HUNDRED AND SIXTY-SIX DOLLARS AND ZERO

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CENTS ($14,166.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This

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amount represents 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. § 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the

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matter of Plaintiff’s assignment of EAJA fees to counsel Robert C. Weems (Counsel). Pursuant to

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Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on

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whether the fees are 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 government will

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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 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 Counsel, pursuant to the assignment executed by Plaintiff. Any payments

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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 Counsel’s law firm and

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associates, 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,
Dated: May 6, 2024

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By: /s/ Robert C. Weems*
ROBERT C. WEEMS
Attorneys for Plaintiff
[*As authorized by e-mail on May 6, 2024]

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WEEMS LAW OFFICES

Dated: May 7, 2024

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

ORDER

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Pursuant to stipulation,
1. The stipulation at ECF No. 32 is GRANTED; and
2. Plaintiff’s motion for EAJA fees (ECF No. 29) is DENIED as moot.
SO ORDERED.
Dated: May 7, 2024

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE