Hidalgo v. Commissioner of Social Security

Filing 32

STIPULATION and ORDER for the award of attorney fees pursuant to the equal access to justice act 28 U.S.C. § 2412(d) signed by Magistrate Judge Deborah Barnes on 5/22/17. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 9 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 Stockton, California 95202 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 LINDA ZISKIN, SBN: 196293 Ziskin Law Office PO Box 753833 Las Vegas, NV 89136 Telephone: (503) 889-0472 Facsimile: (888) 889-5776 Attorneys for Plaintiff 10 11 12 13 IN THE UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 17 MICHELLE ANN HIDALGO, Plaintiff, 18 19 vs. 20 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 21 22 No. 2:15-cv-1342 DB STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) Defendant 23 24 IT IS HEREBY STIPULATED by and between the parties through their undersigned 25 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 26 27 28 EAJA in the amount of SIX THOUSAND ONE HUNDRED SIXTY SIX DOLLARS AND 00 CENTS ($6166.00). This amount represents a negotiated compensation for all legal services STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 2 accordance with 28 U.S.C. § 2412. 3 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 4 5 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 6 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 7 assignment will depend on whether the fees and expenses are subject to any offset allowed under 8 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 9 and expenses is entered, the government will determine whether they are subject to any offset. 10 11 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 12 determines that Plaintiff does not owe a federal debt, then the government shall cause the 13 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 14 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 15 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 16 17 attorney fees and expenses, and does not constitute an admission of liability on the part of 18 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 19 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 20 EAJA attorney fees and expenses in connection with this action. 21 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 22 23 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 24 25 26 27 28 Respectfully submitted, Dated: May 16, 2016 /s/ Shellie Lott SHELLIE LOTT Attorney for Plaintiff STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel 2 3 4 5 Date: May 16, 2017 6 /s/ Patrick William Snyder (As authorized via email) PATRICK WILLIAM SNYDER Special Assistant United States Attorney 7 ORDER 8 9 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 10 11 Dated: May 22, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DLB:6 DB\orders\orders.soc sec\hidalgo1342.stip.eaja.ord 26 27 28 STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

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