Williams v. Commissioner of Social Security

Filing 19

Joint STIPULATION and ORDER for the Award of Attorney Fees Under the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d): that fees and expenses in the total amount of six thousand three hundred and three dollars ($6,303.00), 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 6/20/2017. (Herman, H)

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PHILLIP A. TALBERT 1 United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 3 4 5 6 7 8 Regional Chief Counsel, Region IX Social Security Administration ASIM H. MODI, NYSBN 4692018 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8952 Fax: (415) 744-0134 Email: asim.modi@ssa.gov Attorneys for Defendant Jonathan O. Peña, Esq. 9 CA Bar ID No.: 278044 10 Peña & Bromberg, PLC 11 12 13 14 5740 N. Palm Avenue Suite 103 Fresno, CA 93704 Telephone: 559-412-5390 Facsimile:866-282-6709 info@jonathanpena.com Attorney for Plaintiff, Emily Suzzan Williams 15 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 16 17 EMILY SUZZAN WILLIAMS, 18 Plaintiff, 19 20 21 v. Case No. 1:15-cv-1775-BAM JOINT STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 22 Defendant. 23 24 25 26 27 28 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court should substitute Nancy A. Berryhill 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 405(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 TO THE HONORABLE BARBARA A. MCAULIFFE, MAGISTRATE JUDGE OF THE 2 UNITED STATES DISTRICT COURT: 3 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that 4 Plaintiff be awarded attorney fees in the amount of SIX THOUSAND, THREE HUNDRED AND 5 THREE DOLLARS ($6,303.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 6 7 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). 8 9 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, 10 11 12 13 14 598, 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 the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 15 16 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 17 and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any 18 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and 19 20 does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of SIX 21 THOUSAND, THREE HUNDRED AND THREE DOLLARS ($6,303.00) in EAJA attorney fees 22 shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s 23 attorney, Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this action. 24 // 25 // 26 27 // // 28 -2- 1 2 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act 3 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 4 Respectfully submitted, 5 6 Dated: June 15, 2017 7 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff 8 9 Dated: June 16, 2017 10 11 12 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration By: /s/ Asim Modi* ASIM MODI Special Assistant U.S. Attorney Attorneys for Defendant (*Permission obtained for use of electronic signature via email dated 6/16/17) 13 14 15 16 17 18 ORDER Based upon the parties’ above Stipulation for the Award and Payment of Equal Access to 19 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the total amount of 20 six thousand three hundred and three dollars ($6,303.00), as authorized by 28 U.S.C. §2412, be 21 awarded subject to the terms of the Stipulation. 22 23 IT IS SO ORDERED. 24 25 Dated: /s/ Barbara June 20, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 -3-

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