Lemons, Jr. v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/6/17: Plaintiff shall be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $5,600.00, and costs under 28 U.S.C. § 1920, in the amount of $400.00.(Kaminski, H)

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Shanny J. Lee, Calif. Bar No. 213599
Law Office of Charles E. Binder
and Harry J. Binder, LLP
Attorneys for Plaintiff
485 Madison Avenue, Suite 501
New York, NY 10022
(212)-677-6801
Fax [phone]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ROBERT GIBSON LEMONS, JR.,
Plaintiff,
v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,
Defendant.

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No. 2:15-cv-1214-DB
STIPULATION AND ORDER
AWARDING ATTORNEY FEES
UNDER THE EQUAL ACCESS TO
JUSTICE ACT, PURSUANT TO
28 U.S.C. § 2412(d), AND COSTS,
PURSUANT TO 28 U.S.C. § 1920

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IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, 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 SIX HUNDRED DOLLARS ($5,600.00),
and costs under 28 U.S.C. § 1920, in the amount of FOUR HUNDRED
DOLLARS ($400.00). 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), 1920.

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

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government will consider the matter of Plaintiff's assignment of EAJA fees and

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expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521

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(2010), the ability to honor the assignment will depend on whether the fees and

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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

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entered, the 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 determines that Plaintiff does not owe a federal debt, then the

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government shall cause the payment of fees and expenses to be made directly to

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Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any

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payments made shall be delivered to Plaintiff's counsel. A true and correct copy of

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the Retainer Agreement and Assignment is attached hereto as Exhibit “A.”

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This stipulation constitutes a compromise settlement of Plaintiff's request for

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EAJA attorney fees and expenses, and does not constitute an admission of liability

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on the part of Defendant under the EAJA. Payment of the agreed amount shall

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constitute a complete release from, and bar to, any and all claims that Plaintiff

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and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in

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connection with this action.

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This award is without prejudice to the rights of Plaintiff's counsel to seek

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Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the

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provisions of the EAJA.

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Respectfully submitted,

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Dated: May 30, 2017

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LAW OFFICES OF HARRY J. BINDER
AND CHARLES E. BINDER, P.C.

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By:

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/s/ Shanny Lee
Shanny Lee
Attorney for Plaintiff

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Dated: May 30, 2017

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By: /s/ Richard Rodriguez
Richard Rodriguez
Special Assistant United States Attorney

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Attorneys for Defendant

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

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Dated: June 6, 2017

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DLB:6
DB\orders\orders.soc sec\lemons1214.stip.eaja.ord

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