Bradley v. Acting Commissioner of Social Security

Filing 24

STIPULATION and ORDER for the award of Attorney fees signed by Magistrate Judge Edmund F. Brennan on 12/20/16. Plaintiff is awarded attorney fees and expenses under the EAJA in the amount of THREE THOUSAND ONE HUNDRED FORTY- SEVEN dollars and SEVENTY-EIGHT cents ($3,147.78).(Mena-Sanchez, L)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
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__________________________
_____ )
JOHN BRADLEY,

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CASE NO. 2:15-cv-01026-EFB
STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,

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subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses under the

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EAJA in the amount of THREE THOUSAND ONE HUNDRED FORTY-SEVEN dollars and

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SEVENTY-EIGHT cents ($3,147.78). This amount represents compensation for all legal services

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rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance

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with 28 U.S.C. § 2412.

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Stip. & Prop. Order for EAJA

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

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consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's attorney.

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Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment will depend on

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whether the fees, expenses are subject to any offset allowed under the United States Department of

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the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the

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government will determine whether they are subject to any offset.

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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 to be made directly to Jesse Kaplan, pursuant to the assignment executed by Plaintiff. Any

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payments made shall be delivered to Plaintiff’s counsel.
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.
Respectfully submitted December 17, 2016.
DATED: December 16, 2016

s/ Jesse S. Kaplan
JESSE S. KAPLAN
(as authorized by email)

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Attorney for Plaintiff

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PHILLIP A. TALBERT
United States Attorney

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s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney

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Attorneys for Defendant

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DATE: December 17, 2016

By

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Stip. & Prop. Order for EAJA

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ORDER

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Pursuant to stipulation and good cause appearing, it is so ordered.

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DATED: December 20, 2016.

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EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE