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)

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MCGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL 3 4 5 6 7 8 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: (415) 977-8944 Fax: (415) 744-0134 E-mail: Attorneys for Defendant O. Peña, Esq. 9 JonathanID No.: 278044 CA Bar 10 Peña & Bromberg, PLC 11 12 13 14 5740 N. Palm Avenue Suite 103 Fresno, CA 93704 Telephone: 559-412-5390 Facsimile:866-282-6709 Attorney for Plaintiff, Bobby G. Gray 15 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 16 17 18 BOBBY G. GRAY, Case No. 1:17-cv-01596-SKO 19 Plaintiff, 20 v. 21 NANCY A. BERRYHILL, Acting 22 23 24 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: 26 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). 3 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 6 7 8 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. 9 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 10 11 12 13 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. 14 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. 20 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. 22 Respectfully submitted, 23 24 Dated: December 21, 2018 25 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff 26 /// 27 /// 28 -2- 1 2 Dated: December 21, 2018 3 4 5 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). 6 7 8 9 ORDER 10 11 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 12 that fees in the amount of SEVEN THOUSAND, TWO HUNDRED FIFTY DOLLARS and 00/100 13 ($7,250.00) as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation. 14 15 IT IS SO ORDERED. 16 Dated: December 21, 2018 17 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -3- .

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