Miskell v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER FOR AWARD and PAYMENT OF ATTORNEYS FEES AND EXPENSES. Fees in the amount of four thousand seven hundred thirty-four dollars and thirty-nine cents ($4,734.39) and expenses in the amount of eight dollars and ninety-fou r cents ($8.94), as authorized by 28 U.S.C. §2412, for a total of four thousand seven hundred and forty-three dollars and thirty-three cents ($4,743.33) shall be awarded subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 8/31/2017. (Timken, A)

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Melissa Newel (#148563)
NEWEL LAW
352 24th Street
Oakland, CA 94612
[phone]
[e-mail]
Attorney for Plaintiff
JIMMY LEE MISKELL

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
CHANTAL R. JENKINS
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
[phone]
[e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMY LEE MISKELL,

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No. 1:16-CV-0105 (SKO)

Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,

STIPULATION AND ORDER FOR
AWARD AND PAYMENT OF
ATTORNEYS FEES AND EXPENSES
PURSUANT TO EAJA 28 U.S.C. §2412(d)
(Doc. 22)

Defendant.

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEYS FEES AND EXPENSES
PURSUANT TO EAJA

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attorneys, subject to the approval of the Court, that Jimmy Lee Miskell (Plaintiff) be awarded

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attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412 (d), in

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the amount of four thousand seven hundred thirty-four dollars and thirty-nine cents ($4,734.39)

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and expenses in the amount of eight dollars and ninety-four cents ($8.94), for a total of four

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thousand seven hundred thirty-four dollars and thirty-nine cents ($4,734.39). This represents

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compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this

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civil action, in accordance with 28 U.S.C. §2412 (d).

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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 Plaintiff’s attorney. Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the

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attorney fees are subject to any offset allowed under the United States Department of the

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Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will

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determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the

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payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively

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“Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any payments made shall

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be delivered to Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees and does not constitute an admission of liability on the part of Defendant under

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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

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and costs in connection with this action.

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security
STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEYS FEES AND EXPENSES
PURSUANT TO EAJA

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Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA.

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Respectfully submitted,

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Dated: August 28, 2017

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NEWEL LAW

By:

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Melissa Newel
Melissa Newel
Attorney for Plaintiff
JIMMY LEE MISKELL

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Dated: August 30, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

Chantal R. Jenkins*
CHANTAL R. JENKINS
(Authorized by email dated 08/30/2017)
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ above “Stipulation for the Award and Payment of Attorney’s Fees
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and Expenses Pursuant to EAJA 28 U.S.C. §2412(d),” fees in the amount of four thousand seven

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hundred thirty-four dollars and thirty-nine cents ($4,734.39) and expenses in the amount of eight

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dollars and ninety-four cents ($8.94), as authorized by 28 U.S.C. §2412, for a total of four

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thousand seven hundred and forty-three dollars and thirty-three cents ($4,743.33) shall be

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awarded subject to the terms of the Stipulation.

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IT IS SO ORDERED.
Dated:

August 31, 2017

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEYS FEES AND EXPENSES
PURSUANT TO EAJA