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)

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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 (510) 316-3827 mnewel@newellawfirm.com 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 (415) 977-8937 elizabeth.firer@ssa.gov 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

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