(SS) Gonzales v. Commissioner of Social Security

Filing 25

STIPULATION AND ORDER signed by Magistrate Judge Deborah Barnes on 5/30/2017 AWARDING the plaintiff attorney fees in the amount of $6,100.00 under the Equal Access to Justice Act, 28 U.S.C. 2412(d). (Michel, G.)

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SHELLIE LOTT, SBN: 246202
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]
Linda Ziskin, SBN: 196293
Ziskin Law Office
PO Box 753833
Las Vegas, NV 89136
Telephone: [phone]
Facsimile: [phone]
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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ROBERT MATTHEW GONZALES,

No. 2:15-cv-01771 DB

Plaintiff,

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vs.

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COMMISSIONER OF SOCIAL SECURITY,

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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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 DOLLARS AND NO CENTS
($6100.00). This amount represents a negotiated compensation for all legal services rendered on

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behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28

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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 Plaintiff’s attorney, Shellie Lott, at

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the law firm of Cerney, Kreuze and Lott, LLP, as captioned above, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered directly to Plaintiff's
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attorney at the address above.
This stipulation constitutes full settlement of Plaintiff's request for EAJA attorney fees
and expenses, and does not constitute an admission of liability on the part of Defendant under the
EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees
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and expenses in connection with this action.
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///

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This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted,

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Dated: May 26, 2016

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/s/ Linda Ziskin
Linda Ziskin
Of Attorneys for Plaintiff
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel

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Date: May 26, 2017

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Dated: May 30, 2017

/s/
Ben Porter
(As authorized via email)
BEN A. PORTER
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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DLB:6
DB\orders\orders.soc sec\gonzales1771.stip.eaja.ord