Rice v. Commissioner of Social Security

Filing 16

STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 3/27/2017 AWARDING the plaintiff attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $4,500.00 and costs under 28 U.S.C. § 1920, in the amount of $400.00. (Michel, G.)

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Shanny J. Lee, Calif. Bar No. 213599
Law Office of Charles E. Binder
And Harry J. Binder, LLP
485 Madison Avenue, Suite 501
New York, NY 10022
(212)-677-6801
Fax [phone]
[e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MARSHA D. RICE,
Plaintiff,

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v.
NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,

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Defendant.

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No. 2:15-cv-1763-DB
STIPULATION AND ORDER
AWARDING ATTORNEY FEES
UNDER THE EQUAL ACCESS TO
JUSTICE ACT, PURSUANT TO
28 U.S.C. § 2412(d), AND COSTS,
PURSUANT TO 28 U.S.C. § 1920

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IT IS HEREBY STIPULATED by and between the parties through their

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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded

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attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d),

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in the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00),

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and costs under 28 U.S.C. § 1920, in the amount of FOUR HUNDRED

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DOLLARS ($400.00). This amount represents compensation for all legal services

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rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 2412(d), 1920.

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the
government will consider the matter of Plaintiff's assignment of EAJA fees and

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expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521

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(2010), the ability to honor the assignment will depend on whether the fees and

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expenses are subject to any offset allowed under the United States Department of

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the Treasury's Offset Program. After the order for EAJA fees and expenses is

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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

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of the Treasury determines that Plaintiff does not owe a federal debt, then the

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government shall cause the payment of fees and expenses to be made directly to

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Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any

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payments made shall be delivered to Plaintiff's counsel. A true and correct copy of

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the Retainer Agreement and Assignment is attached hereto as Exhibit “A.”

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This stipulation constitutes a compromise settlement of Plaintiff's request for

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EAJA attorney fees and expenses, and does not constitute an admission of liability

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on the part of Defendant under the EAJA. Payment of the agreed amount shall

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constitute a complete release from, and bar to, any and all claims that Plaintiff

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and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses in

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connection with this action.

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This award is without prejudice to the rights of Plaintiff's counsel to seek

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Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the

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provisions of the EAJA.

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Respectfully submitted,

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Dated: March 16, 2017

LAW OFFICE OF CHARLES E. BINDER
AND HARRY J. BINDER, LLC

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By:

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/s/ Shanny J. Lee
Shanny J. Lee
Attorney for Plaintiff

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Dated: March 16, 2017
By: /s/ Francesco Paulo Benavides
Francesco Paulo Benavides
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation (ECF No. 15) IT IS SO ORDERED.

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Dated: March 27, 2017

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DLB:6
DB\orders\orders.soc sec\rice1763.stip.eaja.ord

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