Scarborough v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/28/17 ORDERING that Plaintiff is AWARDED attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $5,800.00. (Kastilahn, A)

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BESS M. BREWER, #100364
LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RENEE G. SCARBOROUGH

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Plaintiff,

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v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF SSA,
Defendant.
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No. 2:15-cv-0146 DB

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND EIGHT
HUNDRED DOLLARS AND ZERO CENTS ($5,800.00). 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. § 2412(d). After the Court issues an order for EAJA fees and expenses to
Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and
expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the
ability to honor the assignment will depend on whether the fees and expenses are subject to any
offset allowed under the United States Department of the Treasury’s Offset Program.

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Fees and expenses 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 the payment of

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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed

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by Plaintiff. Any payments 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

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fees and expenses, and does not constitute an admission of liability on the part of Defendant under

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the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and

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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
attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Dated: June 23, 2017

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/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff

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Dated: June 23, 2017

Jeffrey Chen
Acting United States Attorney

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/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.1

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Dated: June 28, 2017

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DLB:6
DB\orders\orders.soc sec\scarborough0146.stip.eaja.ord

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In light of the parties’ stipulation, plaintiff’s June 5, 2017 motion for EAJA fees (ECF No. 28) is
denied without prejudice as having been rendered moot.