Rangel v. Commissioner of Social Security

Filing 29

ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, PURSUANT TO 28 U.S.C. § 2412(d), AND COSTS, PURSUANT TO 28 U.S.C. § 1920, signed by Magistrate Judge Gary S. Austin on 7/27/2020. (Apodaca, P)

Case 1:16-cv-01895-GSA Document 29 Filed 07/27/20 Page 1 of 2
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Young Yim, CA State Bar No. 232340
Law Office of Charles E. Binder
and Harry J. Binder, LLP
Attorneys for Plaintiff
485 Madison Avenue, Suite 501
New York, NY 10022
(212)-677-6801
Fax [phone]
[e-mail]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ANTONIO RANGEL,

)
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Plaintiff,
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v.
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COMMISSIONER OF THE SOCIAL )
SECURITY ADMINISTRATION,
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Defendant.
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)

No.: 1:16-CV-1895-GSA
ORDER AWARDING ATTORNEY
FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT,
PURSUANT TO 28 U.S.C.
§ 2412(d), AND COSTS, PURSUANT
TO 28 U.S.C. § 1920

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

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Access to Justice Act (EAJA) Fees and Costs, IT IS ORDERED that Plaintiff shall

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be awarded attorney fees under the EAJA in the amount of SIX THOUSAND

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DOLLARS ($6,000.00), and costs under 28 U.S.C. § 1920, in the amount of

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FOUR HUNDRED DOLLARS ($400.00), subject to the terms of the above-

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referenced Stipulation, to include the United States Department of the Treasury’s

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Offset Program pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010).

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Because counsel for Plaintiff was already awarded fees under 42 U.S.C. §
406(b) and the fees under the EAJA do not exceed the amount awarded under that

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Case 1:16-cv-01895-GSA Document 29 Filed 07/27/20 Page 2 of 2
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statute, the $6,000.00 awarded under 28 U.S.C. § 2412(d) will be paid directly to

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Plaintiff if the fees are not subject to the Treasury’s Offset Program. Costs in the

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amount of $400 will be paid to counsel for Plaintiff pursuant to 28 U.S.C. § 1920.

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IT IS SO ORDERED.
Dated:

July 27, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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