Smith v. Commissioner of Social Security

Filing 27

STIPULATED MOTION and ORDER for Attorney's Fees and Expenses Pursuant to 28 U.S.C. 2412(d) signed by Magistrate Judge Gary S. Austin on 6/11/2019. (Jessen, A)

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KELSEY MACKENZIE BROWN, CA #263109
Mackenzie Legal, PLLC
1003 Whitman Street
Tacoma, WA. 98406
Phone: [phone]
Email: [e-mail]

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Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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BIRDIE SMITH,

Civil No. 1:18-CV-0189-GSA

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Plaintiff,
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v.
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NANCY BERRYHILL,
Acting Commissioner of Social Security,

STIPULATED MOTION FOR
ATTORNEYS FEES AND EXPENSES
PURSUANT TO 28 U.S.C. § 2412(d)

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Defendant.

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The parties agree that Plaintiff is entitled to an award of attorney’s fees and expenses to be

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paid by the Defendant, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.

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§ 2412(d), subject to any offset as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010).
The parties agree that an award of attorney’s fees in the amount of $6,200, as an inclusive

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amount of all attorney fees and expenses, shall be awarded to Plaintiff as a settlement amount.

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If it is determined that Plaintiff’s EAJA fees and expenses are not subject to any offset

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allowed under the Department of the Treasury’s Offset Program, then the check for EAJA fees

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and costs shall be made payable to Kelsey Mackenzie Brown, based upon Plaintiff’s assignment

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of these amounts to Plaintiff’s attorney.

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Kelsey Mackenzie Brown, Esq
1003 Whitman Street
Tacoma, WA 98406

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Telephone: [phone]
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PLAINTIFF’S MOTION FOR ATTORNEY FEES,

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The parties agree that whether these checks are made payable to Plaintiff, or to Kelsey
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Mackenzie Brown, they shall be mailed to Plaintiff's attorney at the following address: Mackenzie
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Legal, PLLC, c/o Kelsey Brown, 1003 Whitman Street, Tacoma, WA 98406.
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Dated this 4th day of June 2019:
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s/ KELSEY MACKENZIE BROWN
Kelsey Mackenzie Brown, CA #263109
1003 Whitman Street
Tacoma, WA 98406
Telephone: [phone]
[e-mail]
Attorney for Plaintiff

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Dated this 4th day of June 2019:

s/ KELSEY MACKENZIE BROWN FOR

Michael Marriott
Via email authorization
Social Security Administration
Office of the General Counsel
160 Spear Street, Suite 800
San Francisco, CA 94105-1545
415-977-8942

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Attorneys for Defendant
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IT IS SO ORDERED.
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Dated:
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June 11, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Kelsey Mackenzie Brown, Esq
1003 Whitman Street
Tacoma, WA 98406

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Telephone: [phone]
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PLAINTIFF’S MOTION FOR ATTORNEY FEES,