Lee v. Commissioner of Social Security

Filing 28

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 in the amount of $6,900.00 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 6/14/2017. (Herman, H)

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PHILLIP A. TALBERT 1 Acting United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 3 4 5 6 7 8 Acting Regional Chief Counsel, Region IX Social Security Administration CAROLYN B. CHEN, CSBN 256628 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8943 Fax: (415) 744-0134 E-mail: donna.w.anderson@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, Kong Peng Lee UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 15 16 17 KONG PENG LEE, Case No. 1:15-cv-01859-BAM Plaintiff, 18 v. 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) 20 NANCY A. BERRYHILL1, Acting 21 Commissioner of Social Security, Defendant. 22 23 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the 24 Federal Rules of Civil Procedure, the Court should substitute Nancy A. Berryhill for Acting 25 Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to 26 continue this suit by reason of the last sentence of section 405(g) of the Social Security Act, 42 U.S.C. § 27 405(g). 28 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, NINE HUNDRED DOLLARS 5 ($6,900.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 6 7 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, Esq. 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, NINE HUNDRED DOLLARS ($6,900.00) in EAJA attorney fees shall constitute a 22 complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. 23 Peña, Esq., 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 Dated: June 14, 2017 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff 6 7 8 Dated: June 14, 2017 9 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration 10 11 By: 12 13 14 15 16 17 18 19 /s/ Carolyn B. Chen* CAROLYN B. CHEN Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained from counsel in email dated 6/14/17) ORDER Based upon the parties’ stipulation for the award of attorney fees under the Equal Access to Justice Act filed on June 14, 2017, IT IS HEREBY ORDERED that fees in the amount of $6,900.00 as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the stipulation. 20 21 IT IS SO ORDERED. 22 23 Dated: /s/ Barbara June 14, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 -3-

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