(SS) Vilavong v. Commissioner of Social Security

Opinion

Melissa Newel (#148563) NEWEL LAW 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94704 (510) 316-3827 mnewel@newellawfirm.com

Attorney for Plaintiff KHAMPHET VILAVONG

United States Attorney Regional Chief Counsel, Region IX Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 (415) 977-8931 chantal.jenkins@ssa.gov

Attorneys for Defendant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA KHAMPHET VILAVONG., No. 1:19-CV-00607 (SKO) Plaintiff, v. STIPULATION AND ORDER FOR ANDREW SAUL, ATTORNEYS FEES PURSUANT TO THE COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT (28 SOCIAL SECURITY, U.S.C. §2412(d)) Defendant. (Doc. 23)

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, subject to the approval of the Court, that Khamphet Vilavong (Plaintiff) be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in the amount of five thousand nine hundred and eight dollars ($5,908). This represents compensation for 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 Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the attorney 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 subject to offset, then the government shall cause the payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments made shall be delivered to Plaintiff’s counsel. 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 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(b), subject to the provisions of the EAJA.

Respectfully submitted, Dated: November 2, 2020 NEWEL LAW

By: Melissa Newel Melissa Newel Attorney for Plaintiff

Dated: November 2, 2020 MCGREGOR W. SCOTT United States Attorney Regional Chief Counsel, Region IX Social Security Administration

By: Chantal Jenkins* (*Authorized by email dated 10/30/2020) Special Assistant U.S. Attorney Attorneys for Defendant

Based upon the parties’ above “Stipulation for the Award and Payment of Attorney’s Fees Under the Equal Access to Justice Act (EAJA) (28 U.S.C. §2412(d))” (the “Stipulation”) (Doc. 23), IT IS ORDERED that attorney’s fees in the amount of FIVE THOUSAND NINE HUNDRED EIGHT DOLLARS AND 00/100 ($5,908.00), as authorized under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. IT IS SO ORDERED.

Sheila K. Oberto Dated: November 3, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE