(SS) West v. Commissioner of Social Security

Opinion

MELISSA NYMAN (CA 293207) 3009 Douglas Boulevard, Ste. 200 Roseville, CA 95661 (877) 529-4773 Fax: (916) 218-4341 Email: Melissa.Nyman@NymanTurkish.com Attorney for Plaintiff United States Attorney Regional Chief Counsel, Region IX Social Security Administration MARCELO ILLARMO (MABN 670079) Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105 Phone: (415) 977-8944 Fax: (415) 744-0134 Email: Marcelo.Illarmo@ssa.gov Attorneys for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

RICARDO WEST, ) No: 2:18−cv−02752−DB ) Plaintiff, ) STIPULATION AND ) ORDER FOR AN AWARD OF ) ATTORNEY FEES UNDER THE v. ) EQUAL ACCESS TO JUSTICE ACT ) SECURITY, ) ) Defendant. ) _______________________________ /

Plaintiff, Ricardo West, by and through his undersigned attorney, Melissa Nyman and Defendant, Andrew Saul, Commissioner of Social Security, by and through his undersigned STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCES TO JUSTICE ACT - 1 - CASE NO. 18-02752 attorney, Marcelo Illarmo, jointly stipulate and petition this Court to enter an order awarding attorney fees in the total amount of Five Thousand Three Hundred and No Cents ($5,300.00) in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act (“EAJA”), 28 U.S.C § 2412. The award of attorney fees will satisfy all of Plaintiff’s claims under 28 U.S.C. § 2412 in this case. This matter was filed In Forma Pauperis, and thus no filling fee was required. Any fees paid belong to Plaintiff, and not to his attorney, and may be offset to satisfy any pre-existing debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586 (2010). After the Court enters this award, if counsel for the Defendant can verify that Plaintiff owes no pre-existing debt subject to the offset, Defendant will direct that the award be made payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed by Plaintiff and counsel. Wherefore, Plaintiff and Defendant move the Court to accept this stipulation and enter an order awarding Plaintiff EAJA reasonable attorney fees in the amount of Five Thousand Three Hundred and No Cents ($5,300.00) Dated: April 30, 2020 Respectfully submitted, McGREGOR W. SCOTT United States Attorney

/s/ Melissa Nyman /s/ Marcelo Illarmo* 3009 Douglas Boulevard, Ste. 200 Special Assistant United States Attorney Roseville, CA 95661 160 Spear Street, Suite 800 Phone: (877) 529-4773 San Francisco, CA 94105 Fax: (916) 218-4341 Phone: (415) 977-8944 E-mail: Melissa.Nyman@NymanTurkish.com Fax: (415) 744-0134 STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCES TO JUSTICE ACT - 2 - CASE NO. 18-02752 Email: Marcelo.Illarmo@ssa.gov [*As authorized by email on April 30, 2020]

Pursuant to the parties’ stipulation, IT IS SO ORDERED. DATED: May 1, 2020 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCES TO JUSTICE ACT - 3 - CASE NO. 18-02752