Lopez v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 5/9/2017 ORDERING that Plaintiff is awarded attorney fees in the amount of FIVE THOUSAND DOLLARS ($5,000.00) under the Equal Access to Justice Act (EAJA). (Zignago, K.)

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PHILLIP A. TALBERT 1 United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration 4 BEN A. PORTER, WA BAR No. 14195 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Tel: (415) 977-8979 7 Fax: (415) 744-0134 8 E-mail: ben.porter@ssa.gov 9 Attorneys for Defendant 10 11 12 13 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Sacramento Division CAROL ANN LOPEZ, No. 2:15-cv-2080-DB 14 15 Plaintiff, 16 v. 17 STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 28 U.S.C. § 2412(d) NANCY A. BERRYHILL, Acting 18 Commissioner of Social Security, 19 Defendant. 20 TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE OF 21 THE UNITED STATES DISTRICT COURT: 22 The Parties through their undersigned counsel, subject to the Court’s approval, 23 stipulate that Plaintiff be awarded attorney fees in the amount of FIVE THOUSAND 24 25 DOLLARS ($5,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 26 § 2412(d). This amount represents compensation for all legal services rendered on 27 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 28 U.S.C. § 2412(d). 1 After the Court issues an order for EAJA fees to Plaintiff, the government will 2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 4 to honor the assignment will depend on whether the fees are subject to any offset 5 allowed under the United States Department of the Treasury’s Offset Program. After 6 the order for EAJA fees is entered, the government will determine whether they are 7 subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 11 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 12 counsel, Jonathan Pena. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for 14 15 EAJA fees, and does not constitute an admission of liability on the part of Defendant 16 under the EAJA. Payment of FIVE THOUSAND DOLLARS ($5,000.00) in EAJA 17 attorney fees shall constitute a complete release from, and bar to, any and all claims that 18 Plaintiff and Plaintiff’s attorney, Jonathan Pena, may have relating to EAJA attorney 19 fees in connection with this action. 20 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 21 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 22 provisions of the EAJA. 23 Respectfully submitted, 24 25 26 Dated: May 8, 2016 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff 27 28 -2- 1 Dated: May 8, 2017 2 3 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 4 By: /s/ Ben A. Porter BEN A. PORTER Special Assistant U.S. Attorney Attorneys for Defendant 5 6 7 8 9 10 ORDER Pursuant to the parties’ stipulation, (ECF No. 20), IT IS SO ORDERED. 11 DATED: May 9, 2017 12 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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