Anderson v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER Settling Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d) and Costs: that fees and expenses in the total amount of THREE THOUSAND DOLLARS ($3,000.00), as authorized by 28 U.S.C. §2412, be awarded subject to the terms of the Stipulation. signed by Magistrate Judge Barbara A. McAuliffe on 3/29/2017. (Herman, H)

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PHILIP A TALBERT
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX,
Social Security Administration
JEAN M. TURK CSBN 131517
Special Assistant United States Attorney
160 Spear Street Suite 800
San Francisco, California 94105
Telephone: [phone]; Facsimile: [phone]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
)
) Case No.: 1:15-CV-00906 BAM
ZENA MAE ANDERSON,
)
)
Plaintiff,
) STIPULATION AND ORDER SETTLING
) ATTORNEY’S FEES PURSUANT TO THE
vs.
) EQUAL ACCESS TO JUSTICE ACT, 28
NANCY A. BERRYHILL,
) U.S.C. § 2412(d)
Acting Commissioner of Social Security,
) AND COSTS
)
)
Defendant.1
)
IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE
THOUSAND DOLLARS ($3,000.00). This amount represents compensation for all legal
services rendered on behalf of Plaintiff by counsel in connection with this civil action, in
accordance with 28 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the

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government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and

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costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as
the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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honor the assignment will depend on whether the fees, expenses and costs are subject to any

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offset allowed under the United States Department of the Treasury's Offset Program. After the

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order for EAJA fees, expenses and costs is entered, the government will determine whether they

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are subject to any offset.

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Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the

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

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the payment of fees, expenses and costs to be made directly to John Vincent Johnson, pursuant to
the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's
counsel.

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

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attorney fees, expenses and costs, and does not constitute an admission of liability on the part of
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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to
EAJA attorney fees and expenses and costs in connection with this action.
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, subject to the provisions of the EAJA.
Respectfully submitted,
/s/ John Vincent Johnson
JOHN VINCENT JOHNSON
Attorney for Plaintiff
[as authorized by EMAIL on March 28, 2017 ]

Dated: March 29, 2017

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Dated: March 29, 2017

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By:

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///

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PHILIP A TALBERT
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/ Jean M. Turk
JEAN M. TURK
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ above Stipulation for the Award and Payment of Equal Access to

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Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the total

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amount of THREE THOUSAND DOLLARS ($3,000.00), as authorized by 28 U.S.C. §2412, be

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awarded subject to the terms of the Stipulation.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

March 29, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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