(SS) Wayne v. Commissioner of Social Security

Opinion

1 John Metsker, Esq. SBN 268977 2 THE METSKER LAW FIRM 3 P.O. Box 590881 San Francisco, CA 94159 4 Phone: 866-342-6180 5 Fax: 415-500-4081 jmetsker@metskerlaw.com 6 Attorney for Plaintiff 7

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ERIC L. WAYNE, No. 1:22-cv-01648-BAM 12 Plaintiff, 13 STIPULATION AND [PROPOSED] v. ORDER FOR THE AWARD OF 14 ATTORNEY FEES PURSUANT TO COMMISSIONER OF SOCIAL 15 SECURITY, THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND 16 Defendant. COSTS PURSUANT TO 28 U. S. C. § 1920 17 18 19 IT IS HEREBY STIPULATED by and between the parties through their 20 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 23 in the amount of FIVE THOUSAND SIX HUNDRED TWENTY-THREE 24 25 DOLLARS AND THREE CENTS ($5,623.03) and costs under 28 U.S.C. § 1920 in 26 the amount of FOUR HUNDRED TWO DOLLARS ($402.00). These amounts 27 represent compensation for all legal services rendered and costs incurred on behalf 28 1 of Plaintiff, to date, by counsel in connection with this civil action, in accordance 2 with 28 U.S.C. §§ 2412(d) and 1920. 3 After the Court issues an order for EAJA fees and expenses to Plaintiff, the 4 5 government will consider the matter of Plaintiff’s assignment of EAJA fees and 6 expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), 7 the ability to honor the assignment will depend on whether the fees are subject to 8 9 any offset allowed under the United States Department of the Treasury’s Offset 10 Program. After the order for EAJA fees and expenses is entered, the government 11 12 will determine whether they are subject to any offset. 13 Fees and expenses shall be made payable to Plaintiff, but if the Department 14 of the Treasury determines that Plaintiff does not owe a federal debt, then the 15 16 government shall cause the payment of fees to be made directly to Plaintiff’s 17 counsel, John D. Metsker, pursuant to the assignment executed by Plaintiff. Any 18 payments made shall be delivered to Plaintiff’s counsel. 19 20 This stipulation constitutes a compromise settlement of Plaintiff's request for 21 EAJA attorney fees and expenses, and does not constitute an admission of liability 22 on the part of Defendant under the EAJA. Payment of the agreed amount shall 23 24 constitute a complete release from, and bar to, any and all claims that Plaintiff 25 and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in 26 connection with this action. 27 28 ///// 1 This award is without prejudice to the rights of Plaintiff's counsel to seek 2 Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset 3 provisions of the EAJA. 4 5

6 Respectfully submitted, 7

8 Dated: January 9, 2024 /s/ John David Metsker JOHN DAVID METSKER 9 Attorney for Plaintiff 10

12 Dated: January 10, 2024 /s/ Jessamyn Hanna 13 JESSAMYN HANNA *As authorized via email on 14 January 10, 2024 15 Special Assistant United States Attorney Attorney for Defendant 16 17

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28 1 ORDER

2 Based upon the parties’ Stipulation for the Award of Attorney Fees 3 Pursuant to the Equal Access to Justice Act and Costs Pursuant to 28 U. S. C. § 4 1920 (the “Stipulation”), IT IS ORDERED THAT attorney fees in the amount of 5 6 FIVE THOUSAND SIX HUNDRED TWENTY-THREE DOLLARS AND 7 THREE CENTS ($5,623.03) as authorized by the Equal Access to Justice Act 8 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED TWO 9 DOLLARS ($402.00), pursuant to 28 U.S.C. § 1920, be awarded subject to the 10 terms of the Stipulation. 11

12 IT IS SO ORDERED. 13

14 Dated: January 11, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 15

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