Spaulding v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER for Award of EAJA Fees, signed by Magistrate Judge Gary S. Austin on 1/15/19. (Gonzalez, R)

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Roger D. Drake (SBN 237834)
[e-mail]
DRAKE & DRAKE, P.C.
23679 Calabasas Road, Suite 403
Calabasas, California 91302
Telephone: [phone]
Facsimile: 818.475.1880
Attorney for Plaintiff
MCGREGOR W. SCOTT
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LACOLE SPAULDING,
on behalf of N.D.J. a minor,

)
) CASE NO.: 1:18-cv-00325-GSA
)
Plaintiff,
)
) STIPULATION FOR AWARD
v.
) OF EAJA FEES
)
NANCY A. BERRYHILL, Deputy )
Commissioner for Operations,
)
performing the duties and functions )
not reserved to the Commissioner of )
of Social Security,
)
)
Defendant.
)
)

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IT IS HEREBY STIPULATED by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded

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ONE THOUSAND SIX HUNDRED DOLLARS AND 00/100 ($1,600.00) under

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the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28

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U.S.C. § 1920. This amount represents compensation for all legal services rendered

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on behalf of Plaintiff by counsel in connection with this civil action, in accordance

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with 28 U.S.C. §§ 1920, 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government
will consider the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney.

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Pursuant to Astrue v. Ratliff, 560 U.S. 568, 598, 130 S.Ct. 2521, 2252-53 (2010),

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the ability to honor the assignment will depend on whether the fees are subject to

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any offset allowed under the United States Department of the Treasury’s Offset

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Program. After the order for EAJA fees is entered, the government will determine

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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

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determines that Plaintiff does not owe a federal debt, then the government shall

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cause the payment of fees to be made directly to ROGER DRAKE, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to

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Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for

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EAJA attorney fees and does not constitute an admission of liability on the part of

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Defendant under the EAJA or otherwise. Payment of the agreed amount shall

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constitute a complete release from, and bar to, any and all claims that Plaintiff

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and/or Plaintiff’s counsel may have relating to EAJA attorney fees connection with

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this action.

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This award is without prejudice to the rights of Plaintiff’s counsel to seek

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Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings

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clause provisions of the EAJA.

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DATED: January 11, 2019

By: /s/ Roger D. Drake
ROGER D. DRAKE
Attorney for Plaintiff

DATED: January 11, 2019

MCGREGOR W. SCOTT
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX

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By: /s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant
[Per email authorization on 01/11/2019]

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IT IS SO ORDERED.
Dated:

January 15, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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