Saechao v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 04/21/16 ORDERING that plaintiff be awarded attorney fees under the EAJA in the amount of $4,200.00. This amount represents compensation for all legal services counsel rendered on behalf of Plaintiff in connection with this civil action. This award is without prejudice to the rights of plaintiff's counsel to seek Social Security Act attorney fees. (Benson, A)

LAW OFFICE OF ELIZABETH GADE, INC.
1900 POINT WEST WAY, SUITE 208 SACRAMENTO, CA

95815

1 ELIZABETH L. GADE (SBN: 161495)
STEPHEN A. VALIZAN (SBN: 260861)
2 LAW OFFICE OF ELIZABETH GADE, INC.
1900 Point West Way, Suite 208
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Sacramento, CA 95815
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 LUAFOW SAECHAO,
Plaintiff,
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vs.
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CAROLYN W. COLVIN,
14 Acting Commissioner of Social Security,
Defendant,
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2:14-CV-02886-KJN

STIPULATION AND PROPOSED ORDER

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IT IS HEREBY STIPULATED by and between the parties, through their assigned counsel,
subject to the Court’s approval, that plaintiff be awarded attorney fees under the Equal Access to Justice
Act, (EAJA) in the amount of FOUR THOUSAND, TWO HUNDRED DOLLARS ($4,200.00). This
amount represents compensation for all legal services counsel rendered on behalf of Plaintiff 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 Plaintiff, the government will consider the
matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560
U.S. 586, 598 (2010), the ability to honor the 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 approved to
MOTION FOR SUMMARY JUDGMENT AND/OR REMAND ON THE PLEADINGS

1 be made directly to Stephen A. Valizan, pursuant to the assignment executed by Plaintiff. Any payments
2 made shall be delivered to Plaintiff’s counsel.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees

4 and does not constitute an admission of liability on the part of Defendant under EAJA. Payment of the
5 agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff may

LAW OFFICE OF ELIZABETH GADE, INC.
1900 POINT WEST WAY, SUITE 208 SACRAMENTO, CA

95815

6 have relating to EAJA attorney fees and expenses 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 Act

8 attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
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10 Respectfully submitted,
11 Dated: April 19, 2016
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/s/ Stephen A. Valizan_____________
STEPHEN A. VALIZAN
Attorney for Plaintiff

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14 Dated: April 19, 2016
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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:
/s/ Marcelo Illarmo
MARCELO ILLARMO
(*as authorized via e-mail on April 19, 2016)
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:

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26 Dated: April 21, 2016
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MOTION FOR SUMMARY JUDGMENT AND/OR REMAND ON THE PLEADINGS