Ros v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) signed by Magistrate Judge Deborah Barnes on 6/1/17. (Mena-Sanchez, L)

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1 4 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 42 N. Sutter Street, Suite 400 Stockton, California 95202 Telephone: (209) 948-9384 Facsimile: (209) 948-0706 5 Attorney for Plaintiff, 2 3 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SARETH ROS, 10 Plaintiff, 11 12 13 No. 2:15-cv-02389-DB vs. NANCY A. BERRYHILL, Acting 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) 14 15 Defendant 16 17 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the EAJA in the amount of FOUR THOUSAND SIX HUNDRED ONE AND FORTY-FIVE CENT 20 21 ($4,601.45). This amount represents compensation for all legal services rendered on behalf of 22 Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 23 2412. 24 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 25 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 26 27 28 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under 1 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 2 and expenses is entered, the government will determine whether they are subject to any offset. 3 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 4 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the 6 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 8 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of 10 11 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 12 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 13 EAJA attorney fees and expenses in connection with this action. 14 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 16 17 Respectfully submitted, 18 19 Date: May 30, 2017 20 /s/ Shellie Lott SHELLIE LOTT Attorney for Plaintiff 21 22 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel 23 24 25 26 27 28 Date: May 30, 2017 /s/Carolyn B. Chen CAROLYN B. CHEN (As authorized via email on 05/26/17) Special Assistant United States Attorney 1 2 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 4 Dated: June 1, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLB:6 DB\orders\orders.soc sec\ros2389.stip.eaja.ord

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