Emmons v. Commissioner of Social Security
Filing
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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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JOHN V. JOHNSON
341 Flume Street, Suite C
Chico, California 95928
Telephone: (530) 893-0696
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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SEAN MICHAEL EMMONS,
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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-01509-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 Sean Michael Emmons will be awarded attorney fees in the amount of FIVE THOUSAND FIVE
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HUNDRED and NO CENTS DOLLARS ($5,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C.
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section 2412(d). This amount represents compensation for all legal services rendered on behalf of Sean Michael
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Emmons by counsel in connection with this civil action before the United States District Court for the Eastern
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District of California in accordance with 28 U.S.C. section 2412(d).
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After the Court issues an order for EAJA fees to Sean Michael Emmons, 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 Sean Michael Emmons, but if the Department of the Treasury
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determines that Sean Michael Emmons does not owe a federal debt, then the government shall cause the payment of
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fees to be made directly to John V. Johnson, pursuant to any assignment executed by Sean Michael Emmons. Any
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payment made shall be delivered to John V. Johnson.
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This stipulation constitutes a compromise settlement of Sean Michael Emmons’ request for EAJA attorney
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fees, expenses and costs, and does not constitute an admission of liability on the part of the Commissioner of the
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Social Security Administration under EAJA. Payment of the agreed amount shall constitute complete release from,
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and bar to, any and all claims that Sean Michael Emmons and/or John V. Johnson may have relating to EAJA
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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
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
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By: / s / Richard Rodriguez
Special Assistant
U. S. Attorney
Attorney for Defendant
Richard.Rodriguez@ssa.gov
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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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