Falletti v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 5/1/2017 that Plaintiff be awarded attorney fees under the Equal Access To Justice Act (EAJA) in the amount of Five thousand six hundred dollars ($5600.00). (Washington, S)

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

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

95815

5 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 LIA IRENE FALLETTI,
Plaintiff,
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vs.
13 NANCY A. BERRYHILL,
14 Acting Commissioner of Social Security,
Defendant,
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No. 2:15-cv-0778-DB

STIPULATION AND 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 FIVE THOUSAND, SIX HUNDRED DOLLARS ($5,600.00). 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), and no costs under 28
U.S.C. § 1920. 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. §§ 1920; 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 counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586,
598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (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

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STIPULATION AND ORDER

1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine
2 whether they are subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses

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

95815

5 and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any
6 payments made shall be delivered to counsel.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees

8 and does not constitute an admission of liability on the part of Defendant under EAJA. Payment of the
9 agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff may
10 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

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

15 Dated: April 25, 2017
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/s/ Stephen A. Valizan_____________
STEPHEN A. VALIZAN
Attorney for Plaintiff

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Dated: April 25, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
By: /s/ Marcelo Illarmo
MARCELO ILLARMO
(*as authorized via e-mail on April 25, 2017)
Special Assistant United States Attorney
Attorneys for Defendant

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STIPULATION AND ORDER

ORDER

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Pursuant to the parties’ stipulation, (ECF No. 23), IT IS SO ORDERED.

3 DATED: May 1, 2017
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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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

95815

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STIPULATION AND ORDER