(SS) Thompson v. Commissioner of Social Security

Opinion

Acting United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration CAROL CLARK, MOBN 42670 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8979 Fax: (510) 970-4813 E-mail: Carol.S.Clark@ssa.gov Attorneys for Defendant Meghan O. Lambert, Esq. Osterhout Berger Disability Law, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 Phone: 412-794-8003 Meghan@mydisabilityattorney.com CA Bar ID: 258040 Attorney for Plaintiff, Carl Donald Thompson UNITED STATES DISTRICT COURT CARL DONALD THOMPSON, Case No. 2:20-cv-0003-KJN Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) ANDREW SAUL, 28 U.S.C. § 2412(d) Commissioner of Social Security, Defendant. TO THE HONORABLE KENDALL J. NEWMAN, MAGISTRATE JUDGE OF THE UNITED STATES DISTRICT COURT: The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that Plaintiff be awarded attorney fees in the amount of NINE THOUSAND, DOLLARS and 00/100 ($9,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 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. § 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 counsel. 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 counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Meghan O. Lambert at 521 Cedar Way, Suite 200, Oakmont, Pennsylvania 15139. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of NINE THOUSAND DOLLARS and 00/100 ($9,000.00) in EAJA attorney fees. These payments shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Meghan O. Lambert, may have relating to EAJA attorney fees in connection with this action. 1 This award is without prejudice to the rights of Plaintiff's attorney to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. Respectfully submitted, Dated: 6/16/2021 /s/ Meghan O. Lambert Attorney for Plaintiff ? Dated: 6/16/2021 PHILLIP A. TALBERT United States Attorney Regional Chief Counsel, Region IX Social Security Administration By: _ Carol S. Clark Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on June 16, 2021). SO ORDERED: Dated: June 21, 2021 Ke AO KENDALL J LK 73 UNITED STATES MAGISTRATE JUDGE thom.3 -3-