McNeil v. Commissioner of Social Security

Filing 55

ORDER re Stipulation for the Award of Attorney Fees Under the Equal Access to Justice Act signed by Magistrate Judge Gary S. Austin on 12/17/2018. (Jessen, A)

1 MCGREGOR W. SCOTT
United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
3 Regional Chief Counsel, Region IX
Social Security Administration
4 ANN LUCILLE MALEY , CSBN 176877
5 Special Assistant United States Attorney
Assistant Regional Counsel
6 Social Security Administration, Region IX
160 Spear Street, Suite 800
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San Francisco, California 94105
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Tel: [phone]
Fax: [phone]
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E-mail: [e-mail]
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Attorneys for Defendant
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Jonathan O. Peña, Esq.
12 CA Bar ID No.: 278044
13 Peña & Bromberg, PLC
2440 Tulare St., Ste. 320
14 Fresno, CA 93721
15 Telephone: [phone]
Facsimile:866-282-6709
16 [e-mail]
17 Attorney for Plaintiff, Michelle Renee Ross
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

21 Harley Mcneil,
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Plaintiff,
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v.

25 NANCY A. BERRYHILL, Acting
26 Commissioner of Social Security,
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Defendant.

Case No. 1:15-cv-01442-AWI-GSA
STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT
(EAJA)
28 U.S.C. § 2412(d)

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TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE

2 UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,

4 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND,
5 TWO HUNDRED FIVE DOLLARS, and 00/100 ($6,200.00) under the Equal Access to
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Justice Act (EAJA), 28 U.S.C. § 2412(d). 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 to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
to honor the assignment will depend on whether the fees are subject to any offset
allowed under the United States Department of the Treasury’s Offset Program. After

15 the order for EAJA fees is entered, the government will determine whether they are
16 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury

18 determines that Plaintiff does not owe a federal debt, then the government shall cause
19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
21 counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for

23 EAJA fees, and does not constitute an admission of liability on the part of Defendant
24 under the EAJA. Payment of SIX THOUSAND, TWO HUNDRED DOLLARS, and
25 00/100 ($6,200.00) in EAJA attorney fees shall constitute a complete release from, and
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bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, may
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have relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Plaintiff’s attorney to seek Social

2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
3 provisions of the EAJA.
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Respectfully submitted,

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Dated: December 14, 2018

/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

Dated: December 14, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By: _____/s/_Ann Lucille Maley *_______
ANN LUCILLE MALEY
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on 12/14/2018).

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19 IT IS SO ORDERED.
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Dated: December 17, 2018
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/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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