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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1 2 3 Jared T. Walker (SB#269029) 1104 Corporate Way Sacramento, CA 95831 T: (916) 476-5044 F: (916) 476-5064 4 5 Attorney for Plaintiff, TIMOTHY L. BEALS 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 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) 13 Defendant. 14 15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that Timothy L. Beals (Plaintiff) be awarded attorney 18 fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of Six 19 Thousand Five Hundred Dollars ($6,500.00). This amount represents compensation for all legal 20 services incurred on behalf of Plaintiff by counsel in connection with this civil action. Plaintiff 21 agrees to waive recovery of costs under 28 U.S.C. § 1920. 22 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will 23 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue 24 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the 25 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 26 Program. After the order for EAJA fees is entered, the government will determine whether they are 27 subject to any offset. 28 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 1 Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be made 2 directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 3 assignment executed by Plaintiff. Any payments made will be delivered to JARED T. WALKER. 4 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 5 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 6 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 7 that Plaintiff and/or Plaintiff’s attorney including LAW OFFICE OF JARED T. WALKER, P.C., 8 may have relating to EAJA attorney fees in connection with this action. 9 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 10 attorney fees under 42 U.S.C. § 406, subject to the savings clause provisions of the EAJA. 11 Dated: November 27, 2017 Respectfully submitted, 12 __/s/ Jared Walker JARED T. WALKER, Attorney for Plaintiff 13 14 SO STIPULATED: PHILLIP A. TALBERT United States Attorney 15 16 17 Dated: November 27, 2017 18 19 22 23 /s/ Ellinor R. Coder (*authorized by e-mail on Nov. 27, 2017) Ellinor R. Coder Special Assistant United States Attorney Attorneys for Defendant ORDER 20 21 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 24 Five Hundred Dollars ($6,500.00) subject to the terms of the parties’ foregoing Stipulation. 25 Dated: November 29, 2017 26 27 28 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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