Savala, Jr. v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 8/26/16 for the award of attorney fees pursuant to the Equal Access to Justice Act. (Washington, S)

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PETER E. BRIXIE, Bar #124186
Attorney at Law
410 Twelfth Street, Suite One
Sacramento, CA 95814
Telephone: [phone] Fax: [phone]
E-mail: [e-mail]

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Attorney for ANTHONY SAVALA
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UNITED STATE DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY SAVALA,
Plaintiff,

Case No.: 2:15-CV-01136-CMK
STIPULATION AND ORDER FOR
PAYMENT OF PLAINTIFF’S ATTORNEY
FEES

vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant

TO THE HONORABLE CRAIG M. KELLISON, MAGISTRATE JUDGE OF THE DISTRICT
COURT:
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
subject to the approval of the Court, that ANTHONY SAVALA,be awarded attorney fees and expenses in
the amount of $4921.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This
amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in

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connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).
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After the Court issues an order for EAJA fees to ANTHONY SAVALA,, the government will
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consider the matter of assignment of EAJA fees to PETER BRIXIE. The retainer agreement containing
the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the

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

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered,

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the government will determine whether they are subject to any offset.

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Fees shall be made payable to ANTHONY SAVALA,, but if the Department of the Treasury
determines that ANTHONY SAVALA, does not owe a federal debt, then the government shall cause the
payment of fees, expenses and costs to be made directly to PETER BRIXIE pursuant to the assignment
executed by ANTHONY SAVALA, Any payments made shall be delivered to PETER BRIXIE

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This stipulation constitutes a compromise settlement of ANTHONY SAVALA vs.
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COMMISSIONER OF SOCIAL SECURITY request for EAJA attorney fees, and does not constitute an
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admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed
amount shall constitute a complete release from, and bar to, any and all claims that ANTHONY

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SAVALA may have relating to EAJA attorney fees in connection with this action. This award is without

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prejudice to the rights of PETER BRIXIE to seek Social Security Act attorney fees under 42 U.S.C. §

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406(b), subject to the savings clause provisions of the EAJA.

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Respectfully submitted,
Dated: 8/18/16

By:

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Dated: 8/18/16

/s/Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant
Commissioner of Social Security

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/s/ Peter Brixie
PETER E. BRIXIE
Attorney at Law
Attorney for Plaintiff

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APPROVED AND SO ORDERED
Dated: August 26, 2016