Dixon v. Berryhill

Opinion

1 DAVID L. ANDERSON, CSBN 149604 United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration MARGARET BRANICK-ABILLA, CSBN 223600 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 6 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 7 E-Mail: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 ) Case no. 4:18-cv-03483-HSG 12 TERRANCE DIXON, ) ) 13 Plaintiff, ) STIPULATION AND ORDER FOR ) THE AWARD AND PAYMENT OF 14 vs. ) ATTORNEY FEES PURSUANT ) TO THE EQUAL ACCESS TO 15 ANDREW SAUL, ) JUSTICE ACT, 28 U.S.C. § 2412(d) ) 16 Commissioner of Social Security,1 ) ) 17 Defendant. ) ) 18 ) 19 20 21 22 23 24 25 26 1 Andrew Saul is now the Commissioner of Social Security and is automatically substituted in this action 27 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). 28 Stipulation 4:18-cv-03483-HSG 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 2 subject to the approval of the Court, that plaintiff Terrance Dixon (Plaintiff) be awarded attorney fees in 3 the amount of FIVE THOUSAND, SIX HUNDRED DOLLARS AND ZERO CENTS ($5,600.00) 4 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 5 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 6 civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 7 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 8 matter of Plaintiff’s assignment of EAJA fees to Homeless Action Center. Pursuant to Astrue v. Ratliff, 9 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees are 10 subject to any offset allowed under the United States Department of the Treasury’s Offset Program. 11 After the order for EAJA fees is entered, the government will determine whether the fees are subject to 12 offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 14 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made 15 directly to Homeless Action Center, pursuant to the assignment executed by Plaintiff. Any payments 16 made shall be delivered to Homeless Action Center. 17 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 18 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 19 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 20 all claims that Plaintiff and/or counsel including Homeless Action Center may have relating to EAJA 21 attorney fees in connection with this action. 22 /// 23 /// 24 /// 25 /// 26 27 28 Stipulation 4:18-cv-03483-HSG 1 This award is without prejudice to the rights of counsel and/or Homeless Action Center to seek 2 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 4 5 Respectfully submitted, © || Dated: November 18, 2019 HOMELESS ACTION CENTER 7 By: /s/ Suzanne Zalev* 8 SUZANNE ZALEV Attorneys for Plaintiff 9 [*As authorized by email on Nov. 15, 2019] 10 Dated: November 18, 2019 DAVID L. ANDERSON 11 United States Attorney 12 By: = /s/ Margaret Branick-Abilla 13 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 14 Attorneys for Defendant 15 16 1? ORDER 18 Pursuant to stipulation, IT IS SO ORDERED. 19

21 22 : HON. HAYWOOD S. GILLIAM, JR. 23 United States District Judge 24 25 26 27 28 Stipulation 4:18-cv-03483-HSG