Isaac v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER for the Award of Attorney Fees. Fees in the amount of four thousand five hundred dollars ($4,500.00) under EAJA, 28 U.S.C. § 2412(d), shall be awarded subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 5/2/2017. (Timken, A)

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1 4 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 Stockton, California 95202 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 5 Attorney for Plaintiff, 2 3 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TONI ISAAC, Plaintiff, 10 11 12 Case No.: 1:16-CV-00232-SKO vs. COMMISSIONER OF SOCIAL SECURITY, 13 14 STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) Defendant 15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 19 EAJA in the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00). This 20 amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by 21 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. 22 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 23 24 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 25 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 26 assignment will depend on whether the fees and expenses are subject to any offset allowed under 27 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 28 and expenses is entered, the government will determine whether they are subject to any offset. 1 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause the 3 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 4 5 6 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 7 attorney fees and expenses, and does not constitute an admission of liability on the part of 8 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 9 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 10 11 12 13 EAJA attorney fees and expenses 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 offset provisions of the EAJA. 14 15 Respectfully submitted, 16 17 Dated: April 26, 2017 18 /s/ Shellie Lott SHELLIE LOTT Attorney for Plaintiff 19 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel 20 21 22 23 24 25 26 27 28 Date: April 26, 2017 /s/ Jeffrey Chen JEFFREY CHEN (As authorized via email on 4/26/17) Special Assistant United States Attorney 1 2 ORDER Based upon the above Stipulation for the Award of Attorney Fees Pursuant to the Equal 3 Access to Justice Act, 28 U.S.C. § 2412(d), (Doc. 19), IT IS ORDERED that fees in the amount 4 of four thousand five hundred dollars ($4,500.00) under EAJA, 28 U.S.C. § 2412(d), be awarded 5 6 7 subject to the terms of the above Stipulation. IT IS SO ORDERED. 8 9 Dated: May 2, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .

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