Emmons v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER for Attnorney'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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3 JOHN V. JOHNSON 341 Flume Street, Suite C Chico, California 95928 Telephone: (530) 893-0696 SBN 103137 4 Attorney for Plaintiff 1 2 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 8 9 10 11 12 13 14 15 SEAN MICHAEL EMMONS, ) ) Plaintiff, ) ) vs. ) ) CAROLYN W. COLVIN, Acting Commissioner ) of the Social Security Administration, ) ) ) Defendant. ) ) __________________________________________ ) STIPULATION FOR ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. Section 2412(d) STIPULATION 16 17 Civ. No. 2:15-CV-01509-EFB It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval 18 of the Court, that Sean Michael Emmons will be awarded attorney fees in the amount of FIVE THOUSAND FIVE 19 HUNDRED and NO CENTS DOLLARS ($5,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 20 section 2412(d). This amount represents compensation for all legal services rendered on behalf of Sean Michael 21 Emmons by counsel in connection with this civil action before the United States District Court for the Eastern 22 District of California in accordance with 28 U.S.C. section 2412(d). 23 After the Court issues an order for EAJA fees to Sean Michael Emmons, the Commissioner of the Social 24 Security Administration will consider any assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 25 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend on whether the fees are 26 subject to any offset allowed under the United States Department of Treasury’s Offset Program. After the order for 27 EAJA fees is entered, the Commissioner of the Social Security Administration will determine whether they are 28 subject to any offset. 1 1 Fees and expenses shall be made payable to Sean Michael Emmons, but if the Department of the Treasury 2 determines that Sean Michael Emmons does not owe a federal debt, then the government shall cause the payment of 3 fees to be made directly to John V. Johnson, pursuant to any assignment executed by Sean Michael Emmons. Any 4 payment made shall be delivered to John V. Johnson. 5 This stipulation constitutes a compromise settlement of Sean Michael Emmons’ request for EAJA attorney 6 fees, expenses and costs, and does not constitute an admission of liability on the part of the Commissioner of the 7 Social Security Administration under EAJA. Payment of the agreed amount shall constitute complete release from, 8 and bar to, any and all claims that Sean Michael Emmons and/or John V. Johnson may have relating to EAJA 9 attorney fees, expenses, and costs in connection with this action. Respectfully Submitted, 10 11 DATED: January 11, 2017 / s / John V. Johnson (As authorized johnvjohnson@sbcglobal.net) 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 12 13 14 15 16 17 18 19 By: / s / Richard Rodriguez Special Assistant U. S. Attorney Attorney for Defendant Richard.Rodriguez@ssa.gov 20 21 22 ORDER 23 APPROVED AND SO ORDERED. 24 Dated: January 17, 2017. 25 26 27 28 2

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