Lewis v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/15/2017 ORDERING that plaintiff shall be awarded attorney fees and expenses under the EAJA in the amount of five thousand dollars ($5,000.00). The 23 Motion for Attorney Fees is WITHDRAWN. (Zignago, K.)

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1 2 3 4 5 6 PHILLIP A. TALBERT United States Attorney DEBORAH L. STACHEL Regional Chief Counsel DANIEL P. TALBERT Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8995 Facsimile: (415) 977-8873 Attorneys for Defendant 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 VINCENT LEWIS, No. 2:14-cv-01227-DB Plaintiff, 15 16 v. 17 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 18 STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) Defendant.1 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 21 counsel, subject to the approval of the Court, that the previously-filed motion for attorney fees 22 shall be withdrawn, and that Plaintiff shall be awarded attorney fees and expenses under the 23 EAJA in the amount of FIVE THOUSAND dollars ($5,000.00). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in 25 connection with this civil action, in accordance with 28 U.S.C. § 2412. 26 1 27 28 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Carolyn W. Colvin as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 2 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 3 attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment 4 will depend on whether the fees, expenses are subject to any offset allowed under the United 5 States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses 6 is entered, the government will determine whether they are subject to any offset. 7 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 8 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 9 the payment of fees to be made directly to Bess Brewer, pursuant to the assignment executed by 10 11 Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 12 attorney fees and expenses, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 14 from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to 15 EAJA attorney fees and expenses in connection with this action. 16 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 17 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 18 Respectfully submitted June 14, 2017. 19 21 s/ Bess Brewer BESS BREWER (as authorized by email) 22 Attorney for Plaintiff 23 PHILLIP A. TALBERT United States Attorney 20 DATED: June 14, 2017 24 26 s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant United States Attorney 27 Attorneys for Defendant 25 DATE: June 14, 2017 By 28 2 1 ORDER 2 3 Pursuant to the parties’ stipulation, IT IS SO ORDERED.2 Dated: June 15, 2017 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DLB:6 DB\orders\orders.soc sec\lewis1227.stip.eaja.ord 25 26 27 28 2 Pursuant to the parties’ stipulation, plaintiff’s June 7, 2017 motion for EAJA fees (ECF No. 23) is withdrawn. 3

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