Herrera v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER GRANTING the award and payment of Equal Access to Justice Act Fees, Costs, and Expenses in the amount of three thousand and four hundred thirty-two dollars and seventy-one cents ($3,432.71) subject to the terms of the Stipulation. Order signed by Magistrate Judge Erica P. Grosjean on 11/20/2017. (Rooney, M)

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
MAXIMINO HERRERA
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
ELIZABETH FIRER
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

MAXIMINO HERRERA,
Plaintiff,

20
21
22
23
24
25
26
27
28

No. 1:16-CV-01458 (EPG)

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

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

1

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

2

attorneys, subject to the approval of the Court, that Maximino Herrera (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

three thousand four hundred and thirty-two dollars and seventy-one cents ($3,432.71). This

5

represents compensation for legal services rendered on behalf of Plaintiff by counsel in

6

connection with this 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

///

1
2

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(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
MAXIMINO HERRERA

9
10

Dated: November 15, 2017

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

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

By:

Elizabeth Firer*
ELIZABETH FIRER
(*Authorized by email dated 11/15/2017)
Special Assistant U.S. Attorney
Attorneys for Defendant

1
2
3

ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice
Act Fees, Costs, and Expenses, IT IS ORDERED that fees in the amount of three thousand and

4
four hundred thirty-two dollars and seventy-one cents ($3,432.71) be awarded subject to the
5
6

terms of the Stipulation.

7
8

IT IS SO ORDERED.

9
Dated:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

November 20, 2017

/s/
UNITED STATES MAGISTRATE JUDGE