Beals v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/29/2017 ORDERING that EAJA fees are awarded to plaintiff in the amount of Six Thousand Five Hundred Dollars ($6,500.00). (Zignago, K.)

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Jared T. Walker (SB#269029)
1104 Corporate Way
Sacramento, CA 95831
T: [phone]
F: [phone]
[e-mail]

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Attorney for Plaintiff,
TIMOTHY L. BEALS

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY L. BEALS,

Case No.: 2:16-cv-00008-CKD

Plaintiff,
v.
NANCY A. BERRYHILL,
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)

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Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Timothy L. Beals (Plaintiff) be awarded attorney

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fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of Six

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Thousand Five Hundred Dollars ($6,500.00). This amount represents compensation for all legal

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services incurred on behalf of Plaintiff by counsel in connection with this civil action. Plaintiff

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agrees to waive recovery of costs under 28 U.S.C. § 1920.

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Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will

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determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue

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v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the

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fees are subject to any offset allowed under the United States Department of the Treasury’s Offset

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Program. After 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 determines that
STIPULATION AND PROPOSED ODER FOR
AWARD UNDER EQUAL ACCESS TO JUSTICE ACT

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Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be made

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directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the

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assignment executed by Plaintiff. Any payments made will be delivered to JARED T. WALKER.

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This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and

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does not constitute an admission of liability on the part of defendant under the EAJA or otherwise.

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Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims

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that Plaintiff and/or Plaintiff’s attorney including LAW OFFICE OF JARED T. WALKER, P.C.,

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may have relating to EAJA attorney fees in connection with this action.

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security

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attorney fees under 42 U.S.C. § 406, subject to the savings clause provisions of the EAJA.

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Dated: November 27, 2017

Respectfully submitted,

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__/s/ Jared Walker
JARED T. WALKER,
Attorney for Plaintiff

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SO STIPULATED:
PHILLIP A. TALBERT
United States Attorney

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Dated: November 27, 2017

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/s/ Ellinor R. Coder
(*authorized by e-mail on Nov. 27, 2017)
Ellinor R. Coder
Special Assistant United States Attorney
Attorneys for Defendant

ORDER

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By:

Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access
to Justice Act (EAJA),
IT IS ORDERED that EAJA fees are awarded to plaintiff in the amount of Six Thousand

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Five Hundred Dollars ($6,500.00) subject to the terms of the parties’ foregoing Stipulation.

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Dated: November 29, 2017

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE