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.)

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
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160 Spear Street, Suite 800
San Francisco, California 94105
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Tel: [phone]
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8 E-mail: [e-mail]
9 Attorneys for Defendant
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Sacramento Division
CAROL ANN LOPEZ,

No. 2:15-cv-2080-DB

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Plaintiff,

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v.

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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,
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Defendant.
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TO THE HONORABLE DEBORAH BARNES, MAGISTRATE JUDGE OF
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THE UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,
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stipulate that Plaintiff be awarded attorney fees in the amount of FIVE THOUSAND
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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).

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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
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the order for EAJA fees is entered, the government will determine whether they are
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subject to any offset.
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Fees 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
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the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
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counsel, Jonathan Pena.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
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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.
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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.
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Respectfully submitted,

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Dated: May 8, 2016

/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

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1 Dated: May 8, 2017
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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By: /s/ Ben A. Porter
BEN A. PORTER
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER
Pursuant to the parties’ stipulation, (ECF No. 20), IT IS SO ORDERED.

11 DATED: May 9, 2017
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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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