Dixon v. Berryhill

Opinion

DAVID L. ANDERSON, CSBN 149604 United States Attorney DEBORAH LEE STACHEL, CSBN 230138 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: (415) 977-8929 Facsimile: (415) 744-0134 E-Mail: Margaret.Branick-Abilla@ssa.gov Attorneys for Defendant ) Case no. 4:18-cv-03483-HSG ) Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF vs. ) ATTORNEY FEES PURSUANT ) TO THE EQUAL ACCESS TO ANDREW SAUL, ) JUSTICE ACT, 28 U.S.C. § 2412(d) ) Commissioner of Social Security,1 ) ) Defendant. ) ) ) 1 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 also 42 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). Stipulation 4:18-cv-03483-HSG IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that plaintiff Terrance Dixon (Plaintiff) be awarded attorney fees in the amount of FIVE THOUSAND, SIX HUNDRED DOLLARS AND ZERO CENTS ($5,600.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 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 U.S.C. §§ 1920; 2412(d). 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 Homeless Action Center. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether the fees are subject to offset. 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 to be made directly to Homeless Action Center, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Homeless Action Center. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or counsel including Homeless Action Center may have relating to EAJA attorney fees in connection with this action. /// /// /// /// Stipulation 4:18-cv-03483-HSG This award is without prejudice to the rights of counsel and/or Homeless Action Center to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. Respectfully submitted, © || Dated: November 18, 2019 HOMELESS ACTION CENTER By: /s/ Suzanne Zalev* Attorneys for Plaintiff [*As authorized by email on Nov. 15, 2019] Dated: November 18, 2019 DAVID L. ANDERSON United States Attorney By: = /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant 1? ORDER Pursuant to stipulation, IT IS SO ORDERED.

: HON. HAYWOOD S. GILLIAM, JR. United States District Judge Stipulation 4:18-cv-03483-HSG