Iskenyan v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER for the Award of Attorney Fees Under the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d): that fees in the amount of FOUR THOUSAND, EIGHT HUNDRED DOLLARS and 00/100($4,800.00) in attorney fees as authorized by 28 U.S.C. §2412 and FOUR HUNDRED DOLLARS ($400.00) in costs to be paid from the Judgment Fund, be awarded subject to the terms of the Stipulation. signed by Magistrate Judge Barbara A. McAuliffe on 3/9/2018. (Herman, H)

MCGREGOR W. SCOTT

1 United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX

3 Social Security Administration
DANIEL P. TALBERT

4 Special Assistant United States Attorney
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Assistant Regional Counsel
Social Security Administration, Region IX
160 Spear Street, Suite 800
San Francisco, California 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

10 Jonathan O. Peña, Esq.

CA Bar ID No.: 278044

11 Peña & Bromberg, PLC
5740 N. Palm Avenue

12 Suite 103
13 Fresno, CA 93704
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Telephone: [phone]
Facsimile:866-282-6709
[e-mail]
Attorney for Plaintiff, Tigran Iskenyan

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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19 TIGRAN ISKENYAN,

Case No. 1:17-cv-0489-BAM

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Plaintiff,

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v.

STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT (EAJA)
28 U.S.C. § 2412(d)

22 NANCY A. BERRYHILL, Acting
23 Commissioner of Social Security,
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Defendant.
TO THE HONORABLE BARBARA A. McAULIFFE, MAGISTRATE JUDGE OF THE

26 UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that

28 Plaintiff be awarded attorney fees in the amount of FOUR THOUSAND, EIGHT HUNDRED

1 DOLLARS and 00/100 ($4,800.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C.
2 § 2412(d) and FOUR HUNDRED DOLLARS ($400.00) as reimbursement of costs expended, to be
3 paid separately from the Judgment Fund. This amount represents compensation for all legal services
4 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28
5 U.S.C. § 2412(d).
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the

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matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586,
598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on

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

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Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine
whether they are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that
Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses

15 and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any
16 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and

18 does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of
19 FOUR THOUSAND, EIGHT HUNDRED DOLLARS and 00/100($4,800.00) in EAJA attorney fees,
20 and FOUR HUNDRED DOLLARS ($400.00) to be paid from the Judgment Fund, shall constitute a
21 complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O.
22 Peña, may have relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act

24 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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Respectfully submitted,

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3 Dated: March 9, 2018

/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

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Dated: March 9, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Daniel P. Talbert*
DANIEL P. TALBERT
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on 3/9/18).

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ORDER

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

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Fees and Expenses, IT IS ORDERED that fees in the amount of FOUR THOUSAND, EIGHT
HUNDRED DOLLARS and 00/100($4,800.00) in attorney fees as authorized by 28 U.S.C. §2412 and
FOUR HUNDRED DOLLARS ($400.00) in costs to be paid from the Judgment Fund, be awarded
subject to the terms of the Stipulation.

20 IT IS SO ORDERED.
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22 Dated:
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March 9, 2018

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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