Randrup v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER for Award and Payment of Attorneys Fees. Fees in the amount of five thousand four hundred fifty-three dollars and forty cents ($5,453.40) shall be awarded subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 10/30/2017. (Timken, A)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Melissa Newel (#148563)
NEWEL LAW
352 24th Street
Oakland, CA 94612
[phone]
[e-mail]
Attorney for Plaintiff
BRIAN KEITH RANDRUP
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
SUNDEEP PATEL
Special Assistant U.S. Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
[phone]
[e-mail]
Attorneys for Defendant

15
UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17
18
19

BRIAN KEITH RANDRUP,
Plaintiff,

20
21
22
23
24

No. 1:16-CV-00436 (SKO)

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

STIPULATION AND ORDER FOR
AWARD AND PAYMENT OF
ATTORNEYS FEES PURSUANT TO EAJA
28 U.S.C. §2412
(Doc. 20)

Defendant.

25
26
27
28

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

1

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

2

attorneys, subject to the approval of the Court, that Brian Keith Randup (Plaintiff) be awarded

3

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

4

five thousand four hundred and fifty-three dollars and forty cents ($5,453.40). This represents

5

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

6

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

7

After the Court issues an Order for EAJA fees to Plaintiff, the government will consider

8

the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

9

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

10

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

11

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

12

determine whether they are subject to any offset.

13

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

14

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

15

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

16

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

17

made shall be delivered to Plaintiff’s counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

18
19

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

20

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

21

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

22

connection with this action.

23

///

24

///

25

///

26

///

27

///

28

///

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

This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security

1
2

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

3
Respectfully submitted,

4
5

Dated: October 24, 2017

6

NEWEL LAW

By:

7
8

Melissa Newel
Melissa Newel
Attorney for Plaintiff
BRIAN KEITH RANDRUP

9
10

Dated: October 24, 2017

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

11
12
13

By:

Sundeep Patel*
SUNDEEP PATEL
(*Authorized by email dated 10/24/2017)
Special Assistant U.S. Attorney
Attorneys for Defendant

14
15
16
17

ORDER

18

Based upon the parties’ above Stipulation for the Award and Payment of Equal Access to

19
20

Justice Act Fees, Costs, and Expenses (Doc. 20), IT IS ORDERED that fees in the amount of five

21

thousand four hundred fifty-three dollars and forty cents ($5,453.40) be awarded subject to

22

the terms of the Stipulation.

23
24
25
26

IT IS SO ORDERED.
Dated:

October 30, 2017

/s/

Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE

27
28

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