(SS) Johnson v. Commissioner of Social Security

Opinion

McGREGOR W. SCOTT United States Attorney Regional Chief Counsel, Region IX Social Security Administration MARCELO ILLARMO (MABN 670079) Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8944 Facsimile: (415) 744-0134 E-Mail: Marcelo.Illarmo@ssa.gov Attorneys for Defendant

EASTERN DISTRICT OF CALIFORNIA

HEATHER E. JOHNSON, ) No. 2:18-cv-00226-EFB ) Plaintiff, ) STIPULATION FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES AND v. ) EXPENSES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. ANDREW SAUL, Commissioner of Social ) § 2412(d), AND COSTS PURSUANT TO Security, ) 28 U.S.C. § 1920 ) Defendant. ) ) IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of four thousand four hundred eighty three dollars and forty one cents ($4,483.41) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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 Robert Weems. 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, expenses and costs to be made directly to Robert Weems, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Robert Weems. 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 Robert Weems, including his firm, may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of Robert Weems to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the

Respectfully submitted, Dated: January 7, 2020 By: /s Robert Weems * ROBERT WEEMS * By email authorization on 1/7/2020 Attorney for Plaintiff

Dated: January 7, 2020 McGREGOR W. SCOTT United States Attorney

By: /s/ Marcelo Illarmo Special Assistant United States Attorney

Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount of $ 4,483.41 as authorized by 28 U.S.C. § 2412, and costs in the amount of $0.00 as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. The Clerk is directed to terminate ECF No. 21. © | DATED: January 9, 2020. Z at Wer ~ HON. EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE