(SS) Wayne v. Commissioner of Social Security

Opinion

John Metsker, Esq. SBN 268977 P.O. Box 590881 San Francisco, CA 94159 Phone: 866-342-6180 Fax: 415-500-4081 jmetsker@metskerlaw.com Attorney for Plaintiff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ERIC L. WAYNE, No. 1:22-cv-01648-BAM Plaintiff, STIPULATION AND [PROPOSED] v. ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO COMMISSIONER OF SOCIAL SECURITY, THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND Defendant. COSTS PURSUANT TO 28 U. S. C. § 1920 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 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND SIX HUNDRED TWENTY-THREE DOLLARS AND THREE CENTS ($5,623.03) and costs under 28 U.S.C. § 1920 in the amount of FOUR HUNDRED TWO DOLLARS ($402.00). These amounts represent compensation for all legal services rendered and costs incurred on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d) and 1920. 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, 560 U.S. 586 (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 and expenses is entered, the government will determine whether they are subject to any offset. 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 to be made directly to Plaintiff’s counsel, John D. Metsker, 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.

Respectfully submitted,

Dated: January 9, 2024 /s/ John David Metsker JOHN DAVID METSKER Attorney for Plaintiff

Dated: January 10, 2024 /s/ Jessamyn Hanna *As authorized via email on January 10, 2024 Special Assistant United States Attorney Attorney for Defendant

Based upon the parties’ Stipulation for the Award of Attorney Fees Pursuant to the Equal Access to Justice Act and Costs Pursuant to 28 U. S. C. § 1920 (the “Stipulation”), IT IS ORDERED THAT attorney fees in the amount of THREE CENTS ($5,623.03) as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED TWO DOLLARS ($402.00), pursuant to 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.

IT IS SO ORDERED.

Dated: January 11, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE