Sanchez v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER For Attorney's fees under the equal access to justice signed by Magistrate Judge Edmund F. Brennan on 1/17/17. (Mena-Sanchez, L)

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JOHN V. JOHNSON
341 Flume Street, Suite C
Chico, California 95928
Telephone: [phone]
SBN 103137

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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BEATRICE CORINA SANCHEZ,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting Commissioner
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of the Social Security Administration,
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Defendant.
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__________________________________________ )

STIPULATION FOR ATTORNEY’S FEES
UNDER THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. Section 2412(d)

STIPULATION

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Civ. No. 2:15-CV-01370-EFB

It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval

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of the Court, that Beatrice Corina Sanchez will be awarded attorney fees in the amount of SIX THOUSAND and

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NO CENTS DOLLARS ($6,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. section 2412(d). This

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amount represents compensation for all legal services rendered on behalf of Beatrice Corina Sanchez by counsel in

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connection with this civil action before the United States District Court for the Eastern District of California in

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accordance with 28 U.S.C. section 2412(d).

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After the Court issues an order for EAJA fees to Beatrice Corina Sanchez, the Commissioner of the Social

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Security Administration will consider any assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff,

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130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend on whether the fees are

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subject to any offset allowed under the United States Department of Treasury’s Offset Program. After the order for

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EAJA fees is entered, the Commissioner of the Social Security Administration will determine whether they are

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subject to any offset.
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Fees and expenses shall be made payable to Beatrice Corina Sanchez, but if the Department of the Treasury

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determines that Beatrice Corina Sanchez does not owe a federal debt, then the government shall cause the payment

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of fees to be made directly to John V. Johnson, pursuant to any assignment executed by Beatrice Corina Sanchez.

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Any payment made shall be delivered to John V. Johnson.

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This stipulation constitutes a compromise settlement of Beatrice Corina Sanchez’s request for EAJA

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attorney fees, expenses and costs, and does not constitute an admission of liability on the part of the Commissioner

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of the Social Security Administration under EAJA. Payment of the agreed amount shall constitute complete release

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from, and bar to, any and all claims that Beatrice Corina Sanchez and/or John V. Johnson may have relating to

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EAJA attorney fees, expenses, and costs in connection with this action.
Respectfully Submitted,

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DATED: January 11, 2017

/ s / John V. Johnson
(As authorized
[e-mail])
John V. Johnson
Attorney for Plaintiff

DATED: January 11, 2017

PHILLIP TALBERT
United States Attorney
DEBORAH L. STACHEL,
Acting Regional Chief
Chief Attorney, Region IX
Social Security Administration

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By: / s / Richard Rodriguez
Special Assistant
U. S. Attorney
Attorney for Defendant
[e-mail]

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ORDER
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APPROVED AND SO ORDERED.
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Dated: January 17, 2017.
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