Gray v. Commissioner of Social Security

Filing 21

Stipulation and Order for the award of attorney fees under the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412(d), signed by Magistrate Judge Sheila K. Oberto on 12/21/2018. (Rosales, Otilia)

MCGREGOR W. SCOTT

1 United States Attorney
2 DEBORAH LEE STACHEL
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Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

O. Peña, Esq.
9 JonathanID No.: 278044
CA Bar
10 Peña & Bromberg, PLC

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5740 N. Palm Avenue
Suite 103
Fresno, CA 93704
Telephone: [phone]
Facsimile:866-282-6709
[e-mail]
Attorney for Plaintiff, Bobby G. Gray

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

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BOBBY G. GRAY,

Case No. 1:17-cv-01596-SKO

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Plaintiff,

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v.

21 NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT (EAJA)
28 U.S.C. § 2412(d)
(Doc. 20)

Defendant.
TO THE HONORABLE SHEILA K. OBERTO, MAGISTRATE JUDGE OF THE UNITED

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

27 Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND, TWO HUNDRED FIFTY
28 DOLLARS and 00/100 ($7,250.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C.

1 § 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff
2 by counsel in connection with this civil action, in accordance with 28 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

4 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586,
5 598, 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
Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine
whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

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Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses
and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any
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

15 does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of
16 SEVEN THOUSAND, TWO HUNDRED FIFTY DOLLARS and 00/100 ($7,250.00) in EAJA
17 attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and
18 Plaintiff’s attorney, Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this
19 action.
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This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act

21 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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24 Dated: December 21, 2018
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/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

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Dated: December 21, 2018

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

/s/Marcelo Illarmo *
MARCELO ILLARMO
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on 12/20/18).

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ORDER

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Based upon the parties’ above “Stipulation for the Award of Attorney Fees Under the Equal
Access to Justice Act (EAJA) 28 U.S.C. § 2412(d)” (the “Stipulation”) (Doc. 20), IT IS ORDERED

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that fees in the amount of SEVEN THOUSAND, TWO HUNDRED FIFTY DOLLARS and 00/100

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($7,250.00) as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation.

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15 IT IS SO ORDERED.
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Dated: December 21, 2018
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/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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