Beason v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER GRANTING the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses (ECF No. 29 ). IT IS ORDERED that fees and expenses in the amount of $5,400.00, as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation. Plaintiff's Motion for Attorney Fees (ECF Nos. 26 and 28 ) is DENIED AS MOOT. Order signed by Magistrate Judge Erica P. Grosjean on 5/30/2017. (Rooney, M)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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: (415) 977-8935; Facsimile: (415) 744-0134 Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ) ) Case No.: 1:15-CV-01281 EPG JOSEPH JAMES BEASON, ) ) 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 16 17 18 19 20 21 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 FIVE THOUSAND DOLLARS ($5,000.00), and costs of FOUR HUNDRED DOLLARS ($400.00). 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 22 23 government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and 24 25 26 27 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). 1 28 Stip. & Order for EAJA Fees: 1:15-CV-01281 EPG 1 1 costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to 2 honor the assignment will depend on whether the fees, expenses and costs are subject to any 3 offset allowed under the United States Department of the Treasury's Offset Program. After the 4 order for EAJA fees, expenses and costs is entered, the government will determine whether they 5 are subject to any offset. 6 7 8 9 10 Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to James A Yoro, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 11 attorney fees, expenses and costs, and does not constitute an admission of liability on the part of 12 13 14 15 16 17 18 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 Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. Respectfully submitted, /s/ James A. Yoro JAMES A. YORO Attorney for Plaintiff [as authorized by EMAIL on May 26, 2017 ] Dated: May 26, 2017 19 20 21 22 Dated: May 30, 2017 23 24 By: 25 26 PHILIP A TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration /s/ Jean M. Turk JEAN M. TURK Special Assistant U.S. Attorney Attorneys for Defendant 27 28 Stip. & Order for EAJA Fees: 1:15-CV-01281 EPG 2 1 2 3 4 ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses (ECF No. 29), IT IS ORDERED that fees and expenses in the amount of $5,400.00, as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of 5 the Stipulation. Plaintiffs’ Motion for Attorney Fees (ECF Nos. 26, 28) is DENIED AS MOOT. 6 IT IS SO ORDERED. 7 8 Dated: May 30, 2017 /s/ 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. & Order for EAJA Fees: 1:15-CV-01281 EPG 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?