Hidalgo v. Commissioner of Social Security
Filing
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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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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
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHELLE ANN HIDALGO,
Plaintiff,
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vs.
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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
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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
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IT IS HEREBY STIPULATED by and between the parties through their undersigned
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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
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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)
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rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in
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accordance with 28 U.S.C. § 2412.
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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
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will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's
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attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the
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assignment will depend on whether the fees and expenses 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
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and expenses is 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
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determines that Plaintiff does not owe a federal debt, then the government shall cause the
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payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the
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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.
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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
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attorney fees and expenses, and does not constitute an admission of liability on the part of
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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to
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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
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Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
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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)
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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel
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Date: May 16, 2017
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/s/ Patrick William Snyder
(As authorized via email)
PATRICK WILLIAM SNYDER
Special Assistant United States Attorney
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ORDER
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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
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Dated: May 22, 2017
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DLB:6
DB\orders\orders.soc sec\hidalgo1342.stip.eaja.ord
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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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