(SS) Byers v. Commissioner of Social Security

Opinion

McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CHANTAL R. JENKINS, PA SBN 307531 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8931 Facsimile: (415) 744-0134 E-Mail: Chantal.Jenkins@ssa.gov

Attorneys for Defendant ) Case No.: 2:20-cv-00001-DMC ) STIPULATION AND ORDER AWARDING Plaintiff, ) ATTORNEY FEES UNDER THE ) EQUAL ACCESS TO JUSTICE ACT, vs. ) 28 U.S.C. § 2412(d) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. ) ) ) IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court’s approval, that Plaintiff Alaina Marie Byers be awarded attorney fees in the amount of FOUR THOUSAND NINE HUNDRED DOLLARS AND 00 CENTS ($4,900.00) 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. § 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 Plaintiff’s attorney. 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 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 they are subject to any 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 Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel Joseph C. Fraulob. 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 Plaintiff’s counsel may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Plaintiff’s counsel 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: February 26, 2021 /s/ Joseph Clayton Fraulob by Chantal R. Jenkins* As authorized via email on February Attorney for Plaintiff

Dated: February 26, 2021 MCGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration

By: /s/ Chantal R. Jenkins CHANTAL R. JENKINS Special Assistant United States Attorney ORDER APPROVED AND SO ORDERED: , ||Pated: March 4, 2021 Sec UNITED STATES MAGISTRATE JUDGE