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)

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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 5 6 7 8 9 Assistant Regional Counsel Social Security Administration, Region IX 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 977-8995 Fax: (415) 977-8873 E-mail: Daniel.talbert@ssa.gov 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 14 15 Telephone: 559-412-5390 Facsimile:866-282-6709 info@jonathanpena.com Attorney for Plaintiff, Tigran Iskenyan 16 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 17 18 19 TIGRAN ISKENYAN, Case No. 1:17-cv-0489-BAM 20 Plaintiff, 21 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, 24 25 Defendant. TO THE HONORABLE BARBARA A. McAULIFFE, MAGISTRATE JUDGE OF THE 26 UNITED STATES DISTRICT COURT: 27 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). 6 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 7 8 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 9 whether the fees are subject to any offset allowed under the United States Department of the 10 11 12 13 14 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. 17 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. 23 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. 25 26 27 28 -2- 1 Respectfully submitted, 2 3 Dated: March 9, 2018 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff 4 5 6 Dated: March 9, 2018 MCGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 7 8 9 By: 10 11 12 /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). 13 ORDER 14 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 15 16 17 18 19 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. 21 22 Dated: 23 March 9, 2018 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 -3-

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