Deadwiley v. Commissioner of SSA

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/2017 APPROVING the award of attorney fees pursuant to the Equal Access to Justice Act. (Washington, S)

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1 3 JOHN V. JOHNSON 341 Flume Street, Suite C Chico, California 95928 Telephone: (530) 893-0696 SBN 103137 4 Attorney for Plaintiff 2 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 SACRAMENTO DIVISION BRENDA KAYE DEADWILEY, ) ) Plaintiff, ) ) vs. ) ) CAROLYN W. COLVIN, Acting Commissioner ) of the Social Security Administration, ) ) ) Defendant. ) ) __________________________________________ ) 16 17 Civ. No. 2:16-CV-00007-KJN STIPULATION FOR ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, AND ORDER THEREON STIPULATION It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval 18 of the Court, that Brenda Kaye Deadwiley will be awarded attorney fees in the amount of SIX THOUSAND FIVE 19 HUNDRED and NO CENTS DOLLARS ($6,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 20 section 2412(d). This amount represents compensation for all legal services rendered on behalf of Brenda Kaye 21 Deadwiley by counsel in connection with this civil action before the United States District Court for the Eastern 22 District of California in accordance with 28 U.S.C. section 2412(d). 23 After the Court issues an order for EAJA fees to Brenda Kaye Deadwiley, the Commissioner of the Social 24 Security Administration will consider any assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 25 130 S. Ct. 2521, 2252-2253 (2010); the ability to honor any such assignment will depend on whether the fees are 26 subject to any offset allowed under the United States Department of Treasury’s Offset Program. After the order for 27 EAJA fees is entered, the Commissioner of the Social Security Administration will determine whether they are 28 subject to any offset. 1 1 Fees and expenses shall be made payable to Brenda Kaye Deadwiley, but if the Department of the Treasury 2 determines that Brenda Kaye Deadwiley does not owe a federal debt, then the government shall cause the payment 3 of fees to be made directly to John V. Johnson, pursuant to any assignment executed by Brenda Kaye Deadwiley. 4 Any payment made shall be delivered to John V. Johnson. 5 This stipulation constitutes a compromise settlement of Brenda Kaye Deadwiley’s request for EAJA 6 attorney fees, expenses and costs, and does not constitute an admission of liability on the part of the Commissioner 7 of the Social Security Administration under EAJA. Payment of the agreed amount shall constitute complete release 8 from, and bar to, any and all claims that Brenda Kaye Deadwiley and/or John V. Johnson may have relating to 9 EAJA attorney fees, expenses, and costs in connection with this action. 10 Respectfully Submitted, 11 DATED: October 12, 2017 / s / John V. Johnson (As authorized John V. Johnson Attorney for Plaintiff DATED: October 12, 2017 PHILLIP TALBERT United States Attorney DEBORAH L. STACHEL, Acting Regional Chief Chief Attorney, Region IX Social Security Administration 12 13 14 15 16 17 18 19 By: / s / Marcelo Illarmo Special Assistant U. S. Attorney Attorney for Defendant 20 21 22 ORDER 23 APPROVED AND SO ORDERED. 24 25 Dated: October 16, 2017 26 27 28 2

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