(SS) Goodgain v. Commissioner of Social Security

Opinion

1 Peter Brixie, CSB# 124186 410 12th Street 2 Sacramento, CA 95814 Telephone: (916) 658-1880 3 Facsimile: (916) 658-1884 4 peterbrixie@gmail.com

5 Attorney for Deon Goodgain

7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 DEON GOODGAIN, Case No.: 2:23-cv-01168 JDP 11 Plaintiff, 12 vs. STIPULATION AND PROPOSED ORDER FOR PAYMENT OF PLAINTIFF’S 13 COMMISSIONER OF SOCIAL SECURITY, ATTORNEY FEES 14 Defendant. 15

16 To the Honorable JEREMY D. PETERSON, it is hereby stipulated by and between the 17 parties through their undersigned counsel, subject to the approval of the Court, that DEON 18 GOODGAIN be awarded attorney fees and expenses in the amount of $7583.22 under the Equal 19 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 20 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with 28 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to 22 DEON GOODGAIN, the government will consider the matter of assignment of EAJA fees to 23 PETER BRIXIE. The retainer agreement containing the assignment is attached as exhibit 1. 24 Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment 25 will depend on whether the fees are subject to any offset allowed under the United States 26 Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the 27 government will determine whether they are subject to any offset. 28 1 Fees shall be made payable to DEON GOODGAIN, but if the Department of the Treasury 2 determines that DEON GOODGAIN does not owe a federal debt, then the government shall 3 cause the payment of fees, expenses and costs to be made directly to PETER BRIXIE pursuant t 4 the assignment executed by DEON GOODGAIN. Any payments made shall be delivered to 5 5 PETER BRIXIE. This stipulation constitutes a compromise settlement of DEON GOODGAIN

COMMISSIONER OF SOCIAL SECURITY 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 9 Pp 19 ||Claims that DEON GOODGAIN may have relating to EAJA attorney fees in connection 11 || With this action. This award is without prejudice to the rights of PETER BRIXIE to seek Social 12 ||Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 13 ||the EAJA. 14 || Respectfully submitted, 15 || Dated: 9/17/2024 6 By: /s/ Peter Brixie PETER E. BRIXIE 17 Attorney at Law Attorney for Plaintiff 18 19 Dated: By: 20 UNA MCGEEHAN Special Assistant United States Attorney Attorneys for Defendant 22 IT IS SO ORDERED. 23 24 ( — Dated: _ October 1, 2024 ow 25 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 27 28

STIPULATION AND PROPOSED ORDER FOR PAYMENT OF PLAINTIFF’S ATTORNEY FEES - 2