Opinion

(SS) Nou v. Commissioner of Social Security

Court
District Court, E.D. California
Filed
Dec 4, 2020
Cited by
0 cases
Authority
More cited than 17.5%

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

7

(312) 596-1868

8 Email: Asim.Modi@ssa.gov

Attorneys for Defendant

9

10 UNITED STATES DISTRICT COURT

11 EASTERN DISTRICT OF CALIFORNIA

12 SACRAMENTO DIVISION

13

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,

18

Date: December 3, 2020 MACKENZIE LEGAL, PLLC

19

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

4

> | DATED: _ December 3, 2020 Cthren— Lhien—e_

6 ALLISON CLAIRE

, UNITED STATES MAGISTRATE JUDGE

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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.

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