Opinion

(SS) Barnes v. Commissioner of Social Security

Court
District Court, E.D. California
Filed
Dec 5, 2019
Cited by
0 cases
Authority
More cited than 17.3%

The opinion

McGREGOR W. SCOTT

1

United States Attorney

2 DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

3 Social Security Administration

ALLISON J. CHEUNG, CSBN 244651

4

Special Assistant United States Attorney

5 160 Spear Street, Suite 800

San Francisco, California 94105

6 Telephone: (415) 977-8942

Facsimile: (415) 744-0134

7

E-Mail: allison.cheung@ssa.gov

8

Attorneys for Defendant

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12

13 ) Case No.: 2:18-cv-00611-DMC

KELLY BARNES, )

14 ) STIPULATION FOR THE AWARD AND

Plaintiff, ) PAYMENT OF ATTORNEY FEES AND

15 ) EXPENSES PURSUANT TO THE EQUAL

vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C.

16 ) § 2412(d); ORDER

ANDREW SAUL, )

17 Commissioner of Social Security, )

)

18 )

Defendant. )

19

20

21 IT IS HEREBY STIPULATED by and between the parties through their undersigned

22 counsel, subject to the approval of the Court, that Plaintiff Kelly Barnes be awarded attorney fees

23 and expenses in the amount of twelve thousand dollars ($12,000.00) under the Equal Access to

24 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.1 This amount

25

1 A plaintiff normally has 90 days from the issuance of a judgment to file for EAJA fees. Brown

26 v. Shalala, 859 F. Supp. 1304, 1307 (E.D. Cal. 1994). To allow the parties additional time to

meet and confer over EAJA fees, the Commissioner waived the statutory, non-jurisdictional

27

deadline so that the parties could engage in settlement negotiations, the result of which is the

28 agreement contained in this stipulation. The parties stipulate and agree that this stipulation is

timely filed for purposes of an award of EAJA fees.

represents compensation for all legal services rendered on behalf of Plaintiff by counsel in

1

connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).

2

After the Court issues an order for EAJA fees to Plaintiff Kelly Barnes, the government

3

will consider the matter of Plaintiff’s assignment of EAJA fees to Robert C. Weems. Pursuant

4

to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to

5

honor the assignment will depend on whether the fees are subject to any offset allowed under

6

the United States Department of the Treasury’s Offset Program. After the order for EAJA fees

7

is entered, the government will determine whether they are subject to any offset.

8

Fees shall be made payable to Plaintiff Kelly Barnes, but if the Department of the

9

Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause

10

the payment of fees and expenses to be made directly to Robert C. Weems, pursuant to the

11

assignment executed by Plaintiff. Any payments made shall be delivered to counsel Robert C.

12

Weems.

13

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

14

attorney fees, and does not constitute an admission of liability on the part of Defendant under

15

the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release

16

from, and bar to, any and all claims that Plaintiff Kelly Barnes and/or Robert C. Weems,

17

including Weems Law Offices may have relating to EAJA attorney fees in connection with this

18

action.

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28

Respectfully submitted,

1

2 Dated: December 4, 2019 /s/ Robert C. Weems

(*as authorized via email on December 3, 2019)

3 ROBERT C. WEEMS

Attorney for Plaintiff

4

5 Dated: December 4, 2019 McGREGOR W. SCOTT

United States Attorney

6 DEBORAH LEE STACHEL

Regional Chief Counsel, Region IX

7

Social Security Administration

8

By: /s/ Allison J. Cheung

9 ALLISON J. CHEUNG

10 Special Assistant U.S. Attorney

Attorneys for Defendant

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1 ORDER

> Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and

3 Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), IT IS ORDERED

4 that fees and expenses in the amount of $12,000.00 as authorized by 28 U.S.C. § 2412, and no

5 costs under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.

6

7 Dated: December 5, 2019 Seo

8 DENNIS M. CO

UNITED STATES MAGISTRATE JUDGE

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stip. & Prop. Order for EAJA.; 2:18-cv-00611-DMC 4

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.