(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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1 2 3 4 5 6 7 8 9 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: (510) 570-4809 Email: Margaret.Branick-Abilla@ssa.gov Attorneys for Defendant 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 PAUL BRIAN GIFFORD, ) ) Plaintiff, ) ) vs. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. ) ) ) ) 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) 20 21 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 22 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount 23 of FOURTEEN THOUSAND, ONE HUNDRED AND SIXTY-SIX DOLLARS AND ZERO 24 CENTS ($14,166.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This 25 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 26 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 28 matter of Plaintiff’s assignment of EAJA fees to counsel Robert C. Weems (Counsel). Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on 2 whether the fees are subject to any offset allowed under the United States Department of the 3 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 4 determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 7 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 8 made shall be delivered to Counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 13 associates, may have relating to EAJA attorney fees in connection with this action. 14 15 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. 16 17 Respectfully submitted, Dated: May 6, 2024 18 By: /s/ Robert C. Weems* ROBERT C. WEEMS Attorneys for Plaintiff [*As authorized by e-mail on May 6, 2024] 19 20 21 22 23 24 25 26 27 28 WEEMS LAW OFFICES Dated: May 7, 2024 PHILLIP A. TALBERT United States Attorney By: /s/ Margaret Branick-Abilla ___ MARGARET BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant 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 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 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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