(SS) Shields v. Commissioner of Social Security

Opinion

BESS M. BREWER, #100364 P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 385-7517 bess.m.brewer@gmail.com Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT

MEGAN SHIELDS ) No. 2:18-cv-2285 DB ) Plaintiff, ) ) ) v. ) ) ) STIPULATION AND ORDER APPROVING COMMISSIONER OF SSA, ) SETTLEMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO ) JUSTICE ACT Defendant. ) ) ) )

IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($7,500.00). 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 and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States Department of the Treasury’s Offset Program.

Fees and expenses 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 Bess M. Brewer, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. 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 and expenses 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, subject to the offset provisions of the EAJA. Dated: May 14, 2020 /s/Bess M. Brewer Attorney at Law Attorney for Plaintiff Dated: May 14, 2020 McGregor W. Scott United States Attorney

/s/ Tina Naicker TINA NAICKER Special Assistant United States Attorney Attorneys for Defendant Pursuant to the parties’ stipulation, IT IS SO ORDERED. DATED: May 18, 2020 /S/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE