(SS) Brown v. Commissioner of Social Security

Filing 16

STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920. Order signed by Magistrate Judge Sheila K. Oberto on 10/15/2020. (Kusamura, W)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
DANIEL P. TALBERT
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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ALBERT F. BROWN,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:20−CV−00019-DAD-SKO
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. §
2412(d), AND COSTS PURSUANT TO
28 U.S.C. § 1920; ORDER
(Doc. 15)

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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Albert F. Brown (Plaintiff) be awarded

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attorney fees and expenses in the amount of six thousand dollars ($6,000.00) under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $400 in costs. This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with

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this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

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Stip. for EAJA Award; 1:20−CV−00019-DAD-SKO

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the

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assignment will depend on 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.
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 and costs to be made directly to Plaintiff’s counsel, pursuant to the assignment

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executed by Plaintiff. Any payments made shall be delivered to Chermol & Fishman, LLC,
11450 Bustleton Avenue, Philadelphia, PA 19116.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
attorney fees, and does not constitute an admission of liability on the part of Defendant under the
EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel including David F. Chermol,

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Esq., Chermol & Fishman, LLC, Helen R. Zane, Esq., and Law Offices of Helen R. Zane may

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have relating to EAJA attorney fees in connection with this action.

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

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Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
Respectfully submitted this 13th day of October 2020.

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Dated: October 13, 2020

By:

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Stip. for EAJA Award; 1:20−CV−00019-DAD-SKO

/s/ David F. Chermol*
CHERMOL & FISHMAN, LLC
Attorney for Plaintiff
*Authorized via e-mail

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Dated: October 13, 2020

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

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By:

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/s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER

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Based upon the parties’ above “Stipulation for the Award and Payment of Attorney Fees

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and Expenses Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d), and

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Costs Pursuant to 28 U.S.C. § 1920” (the “Stipulation”) (Doc. 15), IT IS ORDERED that

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attorney’s fees in the amount of SIX THOUSAND DOLLARS AND 00/100 ($6,000.00), as

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authorized under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the

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amount of FOUR HUNDRED DOLLARS AND 00/100 ($400.00), as authorized by 20 U.S.C. §

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1920, be awarded subject to the terms of the Stipulation.

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IT IS SO ORDERED.
Dated:

October 15, 2020

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/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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Stip. for EAJA Award; 1:20−CV−00019-DAD-SKO

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