The opinion
McGREGOR W. SCOTT
1
United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
3 Social Security Administration
ASIM H. MODI, NYSBN 4692018
4
Special Assistant United States Attorney
5 Social Security Administration
Harold Washington Social Security Center
6 600 West Madison Street, 6th Floor
Chicago, Illinois 60661
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(312) 596-1868
8 Email: Asim.Modi@ssa.gov
Attorneys for Defendant
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10 UNITED STATES DISTRICT COURT
11 EASTERN DISTRICT OF CALIFORNIA
12 SACRAMENTO DIVISION
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SEREY NOU, ) Case No. 2:19-cv-02573-AC
14 )
Plaintiff, ) STIPULATION FOR THE AWARD AND
15 ) PAYMENT OF ATTORNEY FEES AND
16 v. ) EXPENSES PURSUANT TO THE EQUAL
) ACCESS TO JUSTICE ACT, 28 U.S.C. §
17 ANDREW SAUL, ) 2412(d)
Commissioner of Social Security, )
18
)
19 Defendant. )
)
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 be awarded attorney fees and
23 expenses in the amount of SEVEN THOUSAND SIX HUNDRED DOLLARS ($7,600) under
24 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents
25 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with
26 this civil action, in accordance with 28 U.S.C. § 2412(d).
27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider
28 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel, Kelsey Mackenzie
1 Brown. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010),
2 the ability to honor the assignment will depend on whether the fees are subject to any offset
3 allowed under the United States Department of the Treasury’s Offset Program. After the order
4 for EAJA fees is entered, the government will determine whether they are subject to any offset.
5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,
7 expenses and costs to be made directly to Plaintiff’s counsel, pursuant to the assignment
8 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Kelsey
9 Mackenzie Brown.
10 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
11 attorney fees, and does not constitute an admission of liability on the part of Defendant under the
12 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and
13 bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA
14 attorney fees in connection with this action. This award is without prejudice to the rights of
15 Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to
16 the savings clause provisions of the EAJA.
17 Respectfully submitted,
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Date: December 3, 2020 MACKENZIE LEGAL, PLLC
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20 By: /s/ Asim H. Modi for Kelsey Mackenzie Brown*
KELSEY MACKENZIE BROWN
21 *Authorized by email on December 3, 2020
Attorney for Plaintiff
22
23 Date: December 3, 2020 McGREGOR W. SCOTT
United States Attorney
24 DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
25
Social Security Administration
26
By: /s/ Asim H. Modi
27 ASIM H. MODI
28 Special Assistant United States Attorney
Attorneys for Defendant
1 ORDER
2 APPROVED AND SO ORDERED
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> | DATED: _ December 3, 2020 Cthren— Lhien—e_
6 ALLISON CLAIRE
, UNITED STATES MAGISTRATE JUDGE
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