Rhoades v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER re ATTORNEY'S FEES signed by Magistrate Judge Craig M. Kellison on 1/28/16. (Kaminski, H)

JOHN V. JOHNSON
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DEBORAH L. STACHEL, Acting
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
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
Case No.: 2:14-CV-01229-CMK

LANCE RICHARD RHOADES,
Plaintiff,

STIPULATION AND ORDER SETTLING
ATTORNEY’S FEES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT (EAJA)

vs.
CAROLYN COLVIN, ACTING COMM. OF SSA,
Defendant

It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval
of the Court, that Lance Richard Rhoades will be awarded attorney fees in the amount of FOUR THOUSAND
EIGHT HUNDRED and NO CENTS DOLLARS ($4,800.00) under the Equal Access to Justice Act (EAJA), 28
U.S.C. section 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by
counsel in connection with this civil action, in accordance with 28 U.S.C. section 2412(d).
After the Court issues an order for EAJA fees to Lance Richard Rhoades, the Defendant will consider any
assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the
ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under the
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United States Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Defendant
will determine whether they are subject to any offset.
Fees shall be made payable to Lance Richard Rhoades, but if the Department of the Treasury determines
that Lance Richard Rhoades does not owe a federal debt, then the government shall cause the payment of fees to be
made directly to John V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be
delivered to John V. Johnson.
This stipulation constitutes a compromise settlement of Lance Richard Rhoades’ request for EAJA attorney
fees and does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the
agreed amount shall constitute complete release from, and bar to, any and all claims that Lance Richard Rhoades
and/or John V. Johnson may have relating to EAJA attorney fees in connection with this action. This award is
without prejudice to the rights of John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. section
406(b) subject to the savings clause provisions of EAJA.
Respectfully Submitted,
DATED: January 15, 2016

/ s / John V. Johnson
(As authorized
[e-mail])
John V. Johnson
Attorney for Plaintiff

DATED: January 15, 2016

BENJAMIN B. WAGNER
United States Attorney
DEBORAH L. STACHEL Acting
Regional Chief Attorney, Region IX
Social Security Administration
By: / s / Marcelo Illarmo
MARCELO ILLARMO
Special Assistant U.S. Attorney
Attorney for Defendant
ORDER

APPROVED AND SO ORDERED.
Dated: January 28, 2016

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