Garrett v. Social Security Administration

Filing 26

STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 4/10/2017 AWARDING the plaintiff attorney fees and expenses in the amount of $7,000.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (Michel, G.)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX,
Social Security Administration
ARMAND D. ROTH
Special Assistant United States Attorney
California Bar No. 214624
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO

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Shane Garrett,
Plaintiff,
v.
Nancy A. Berryhill,
Acting Commissioner of Social Security,

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Defendant.

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No. 14-cv-02774-DB
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)

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IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
attorney fees and expenses in the amount of SEVEN THOUSAND dollars ($7,000.00)
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount

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represents compensation for all legal services rendered on behalf of Plaintiff by counsel

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

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

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consider the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant

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

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

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allowed under the United States Department of the Treasury’s Offset Program. After

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the order for EAJA fees is entered, the government will determine whether they are

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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 cause

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the payment of fees, expenses and costs to be made directly to counsel, pursuant to the

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

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counsel including counsel’s firm may have relating to EAJA attorney fees in connection

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with this action.

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Respectfully submitted April 5, 2017
PHILLIP A. TALBERT
United States Attorney
DEBORAH STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
By: /s/ Armand Roth
Special Assistant United States Attorney

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LEGAL SERVICES OF NORTHERN CALIFORNIA
By: /s/ Wade Askew_____________
Staff Attorney
Attorney for Plaintiff

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ORDER

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Pursuant to the parties’ stipulation (ECF No. 25) IT IS SO ORDERED.

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Dated: April 10, 2017

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DLB:6
DB\orders\orders.soc sec\garrett2774.stip.eaja.ord

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