Wolff v. Colvin

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 5/26/17, ORDERING that counsel for Plaintiff Wolff is AWARDED attorney fees and expenses in the amount of $8,700.00. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX ANN L. MALEY, CSBN 176877 Special Assistant United States Attorney Social Security Administration 160 Spear St., Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8974 Facsimile: (415) 744-0134 Email: ann.maley@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT 11 12 EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 JULIE L. WOLFF, Plaintiff, 17 18 19 20 21 22 v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 2:15-cv-1899-DB STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 23 24 IT IS HEREBY STIPULATED by and between the parties through their 25 undersigned counsel, subject to the approval of the Court, that WOLFF 26 (“Plaintiff”) be awarded attorney fees and expenses in the amount of EIGHT 27 THOUSAND SEVEN HUNDRED dollars ($8,700) under the Equal Access to 28 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation 1 1 for all legal services rendered on behalf of Plaintiff by counsel in connection with 2 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government 3 4 will consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s 5 counsel Jared Walker. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 6 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 7 whether the fees are subject to any offset allowed under the United States 8 Department of the Treasury’s Offset Program. After the order for EAJA fees is 9 entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the 10 11 Treasury determines that Plaintiff does not owe a federal debt, then the 12 government shall cause the payment of fees, expenses and costs to be made 13 directly to Jared Walker, pursuant to the assignment executed by Plaintiff. Any 14 payments made shall be delivered to Plaintiff’s counsel Jared Walker. This stipulation constitutes a compromise settlement of Plaintiff’s request 15 16 for EAJA attorney fees, and does not constitute an admission of liability on the 17 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 18 shall constitute a complete release from, and bar to, any and all claims that 19 Plaintiff and/or Plaintiff’s counsel Jared Walker including Jared Walker’s law 20 firm may have relating to EAJA attorney fees in connection with this action. 21 /// 22 /// 23 /// 24 25 26 27 28 2 This award is without prejudice to the rights of Jared Walker and/or Jared 1 2 Walker’s firm to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), 3 subject to the savings clause provisions of the EAJA. 4 Respectfully submitted, 5 6 Dated: 5/22/17 7 LAW OFFICES OF JARED WALKER By: /s/ Jared Walker JARED WALKER * By email authorization on 5/22/17 Attorneys for Plaintiff 8 9 10 11 12 Dated: 5/22/17 PHILLIP A. TALBERT United States Attorney 13 14 By: /s/ Ann L. Maley ANN L. MALEY Special Assistant United States Attorney 15 16 17 ORDER 18 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 1 19 20 21 DATED: May 26, 2017 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 22 23 24 25 DLB:6 DB\orders\orders.soc sec\wolff1899.stip.eaja.ord 26 27 28 1 In light of the parties’ stipulation, plaintiff’s April 21, 2017 motion for EAJA fees (ECF No. 23) is denied as having been rendered moot. 3

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