(SS) Frazier v. Commissioner of Social Security

Opinion

1 Robert C Weems (SBN 148156) Weems Law Offices 2 769 Center Blvd., PMB 38 Fairfax, CA 94930 3 Ph: 415.881.7653 4 Fx: 866.610.1430 rcweems@weemslawoffices.com 5 Attorney for Plaintiff, DEBRA JEAN FRAZIER 6

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 (SACRAMENTO DIVISION) 10

Case 2:24-cv-01781-CKD STIPULATION AND ORDER FOR 12 Plaintiff, THE AWARD AND PAYMENT OF ATTORNEY FEES UNDER THE 13 v. EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 15 Defendant.

16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees of FOUR 18 THOUSAND FIVE HUNDRED SEVENTEEN DOLLARS AND EIGHTY-TWO CENTS 19 ($4,517.82) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 20 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 21 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff’s assignment of EAJA fees to counsel Robert C. Weems (Counsel). 24 Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will 25 depend on whether the fees are subject to any offset allowed under the United States Department 26 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 27 determine whether they are subject to any offset. 28 ] Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 || that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 3 || be made directly to Counsel, under the assignment executed by Plaintiff. Any payments made 4 | shall be delivered to Counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 6 || attorney fees and is not an admission of liability by Defendant under the EAJA or otherwise. 7 || Payment of the agreed amount constitutes a complete release from, and bar to, any and all claims 8 | that Plaintiff and/or Counsel, including Counsel’s law firm and associates, may have relating to 9 || EAJA attormey fees in connection with this action. 10 This award is without prejudice to the rights of Counsel to seek Social Security Act 11 || attorney fees under 42 U.S.C. § 406(b), subject to the saving clause provisions of the EAJA. 12 OFFICES Acting United States Attorney 14 Eastern District of California MATHEW W. PILE 15 Associate General Counsel Office of Program Litigation, Office 7 16 Office of the General Counsel 7 Social Security Administration JUSTIN L. MARTIN 18 Special Assistant U.S. Attorney 19 | /s/Robert C. Weems By: /s/Justin L. Martin Robert C. Weems, Justin L. Martin, 20 Attorney for Special Assistant United States Attorney and 1 Plaintiff Attorney for the Defendant (per email authorization) 22 24 The parties’ stipulation (ECF No. 15) is GRANTED as set forth above. 25 | Dated: January 30, 2025 et) ey / { AAgA . Letter 2% _ AA i fb L . 4 \ } CAROLYN K. DELANEY 27 UNITED STATES MAGISTRATE JUDGE 28