(SS) Midwood v. Commissioner of Social Security

Opinion

Attorney for Plaintiff McGregor W. Scott United States Attorney DEBORAH LEE STACHEL, Bar No. 230138 Regional Chief Counsel, Region IX Daniel Talbert Special Assistant United States Attorney

Social Security Administration 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8995 Facsimile: (415) 744-0134 E-Mail: daniel.talbert.@ssa.gov Attorney for Defendant JAMIE MARGARET MIDWOOD, ) No. 2:19-cv-01451 DB ) Plaintiff, ) STIPULATION AND ORDER ) FOR ATTORNEY’S FEES PURSUANT vs. ) TO 28 U.S.C. SECTION 2412(d) ) ANDREW SAUL, commissioner ) of the Social Security Administration, ) ) ) Defendant. ) __________________________________________ )

It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval of the Court, that Jamie Margaret Midwood, will be awarded attorney fees in the amount of SIX THOUSAND EIGHT HUNDRED SIXTY and NO CENTS DOLLARS ($6,860.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. section 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. section 2412(d). After the Court issues an order for EAJA fees to Jamie Margaret Midwood, the Defendant will consider any assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), 1 and the ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under the United States Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Defendant will determine whether they are subject to any offset. Fees shall be made payable to Jamie Margaret Midwood, but if the Department of the Treasury determines that Jamie Margaret Midwood, does not owe a federal debt, then the government shall cause the payment of fees to be made directly to John V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be delivered directly to John V. Johnson. This stipulation constitutes a compromise settlement of Jamie Margaret Midwood’s request for EAJA attorney fees and does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the agreed amount shall constitute complete release from, and bar to, any and all claims that Jamie Margaret Midwood, and/or John V. Johnson may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to the rights of John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. Section 406(b) subject to the savings clause provisions of EAJA. Respectfully Submitted, DATED: November 2, 2020 / s / John V. Johnson (As authorized johnvjohnson@sbcglobal.net) John V. Johnson Attorney for Plaintiff

DATED: November 2, 2020 McGREGOR W. SCOTT United States Attorney DEBORAH L. STACHEL Regional Chief Attorney, Region IX Social Security Administration

By: / s / Daniel Talbert DANIEL TALBERT Special Assistant U.S. Attorney Attorney for Defendant

ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. DATED: November 4, 2020 /S/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE