(SS) Beason v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER GRANTING the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses (ECF No. #29 ). Plaintiff is 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), 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)

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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-01281 EPG
JOSEPH JAMES BEASON,
)
)
Plaintiff,
) STIPULATION AND AMENDED ORDER
) SETTLING ATTORNEY’S FEES
vs.
) PURSUANT TO THE EQUAL ACCESS TO
NANCY A. BERRYHILL,
) JUSTICE ACT, 28 U.S.C. § 2412(d)
Acting Commissioner of Social Security,
) AND COSTS2
)
)
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 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

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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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An amended order is issued at the request of Defendant to reflect the distinction between the award of fees and the
award of costs.

Stip. & Order for EAJA Fees:
1:15-CV-01281 EPG

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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
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
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
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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

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Dated: May 30, 2017
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By:

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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

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Stip. & Order for EAJA Fees:
1:15-CV-01281 EPG

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ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access to
Justice Act Fees, Costs, and Expenses (ECF No. 29), Plaintiff is awarded attorney fees under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND

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DOLLARS ($5,000.00), and costs of FOUR HUNDRED DOLLARS ($400.00), subject to the

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terms of the Stipulation. Plaintiffs’ Motion for Attorney Fees (ECF Nos. 26, 28) is DENIED AS

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MOOT.

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IT IS SO ORDERED.

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Dated:

May 30, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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Stip. & Order for EAJA Fees:
1:15-CV-01281 EPG

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