# (SS) Brown v. Commissioner of Social Security

> District Court, E.D. California · October 15, 2020

URL: https://www.frixlaw.com/law-library/cases/10022770

## Case

- **Court:** District Court, E.D. California
- **Decided:** October 15, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10022770

## Opinion text

1 McGREGOR W. SCOTT
United States Attorney
2 DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
3 Social Security Administration
DANIEL P. TALBERT
4 Special Assistant United States Attorney
160 Spear Street, Suite 800
5 San Francisco, California 94105
Telephone: (415) 977-8955
6 Facsimile: (415) 744-0134
Attorneys for Defendant
7

8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
FRESNO DIVISION
11

12
13 ALBERT F. BROWN, ) ) CIVIL NO. 1:20−CV−00019-DAD-SKO
Plaintiff, ) STIPULATION FOR THE AWARD AND
14 ) PAYMENT OF ATTORNEY FEES AND
15 v. ) ) E AX CP CE EN SS SE TS O P JU UR SS TU ICA EN AT CT TO , 2T 8H UE . SE .Q CU . §A L
16 ANDREW SAUL, ) ) 2 24 81 U2 .( Sd .) C, A . §N 1D 9 2C 0O ; S OT RS D P EU RR SUANT TO
17 C ommi Dss eio fen ne dr ao nf t .S ocial Security, ) ) (Doc. 15)
18 )

19
20
IT IS HEREBY STIPULATED by and between the parties through their undersigned
21
counsel, subject to the approval of the Court, that Albert F. Brown (Plaintiff) be awarded
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23 attorney fees and expenses in the amount of six thousand dollars ($6,000.00) under the Equal
24 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $400 in costs. This amount represents
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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with
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this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
1
2 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v.
3 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the
4
assignment will depend on whether the fees are subject to any offset allowed under the United
5
States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered,
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the government will determine whether they are subject to any offset.
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8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
9 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,
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expenses and costs to be made directly to Plaintiff’s counsel, pursuant to the assignment
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executed by Plaintiff. Any payments made shall be delivered to Chermol & Fishman, LLC,
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13 11450 Bustleton Avenue, Philadelphia, PA 19116.
14 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
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attorney fees, and does not constitute an admission of liability on the part of Defendant under the
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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and
17
bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel including David F. Chermol,
18
19 Esq., Chermol & Fishman, LLC, Helen R. Zane, Esq., and Law Offices of Helen R. Zane may
20 have relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security
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Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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24 Respectfully submitted this 13th day of October 2020.
25

26 Dated: October 13, 2020 By: /s/ David F. Chermol*
CHERMOL & FISHMAN, LLC
27 Attorney for Plaintiff
*Authorized via e-mail
28
1
2 Dated: October 13, 2020 McGREGOR W. SCOTT
3 United States Attorney
DEBORAH LEE STACHEL
4 Regional Chief Counsel, Region IX
Social Security Administration
5

6 By: /s/ Daniel P. Talbert
DANIEL P. TALBERT
7 Special Assistant United States Attorney

8
Attorneys for Defendant
9
10 ORDER
11 Based upon the parties’ above “Stipulation for the Award and Payment of Attorney Fees
12 and Expenses Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d), and
13 Costs Pursuant to 28 U.S.C. § 1920” (the “Stipulation”) (Doc. 15), IT IS ORDERED that
14 attorney’s fees in the amount of SIX THOUSAND DOLLARS AND 00/100 ($6,000.00), as
15 authorized under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the
16 amount of FOUR HUNDRED DOLLARS AND 00/100 ($400.00), as authorized by 20 U.S.C. §
17 1920, be awarded subject to the terms of the Stipulation.
18
19 IT IS SO ORDERED.

20 Sheila K. Oberto
Dated: October 15, 2020 /s/ .
21 UNITED STATES MAGISTRATE JUDGE
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10022770. Public record. Not legal advice.