Beals v. Commissioner of Social Security
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.)
Jared T. Walker (SB#269029)
1104 Corporate Way
Sacramento, CA 95831
T: (916) 476-5044
F: (916) 476-5064
Attorney for Plaintiff,
TIMOTHY L. BEALS
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
TIMOTHY L. BEALS,
Case No.: 2:16-cv-00008-CKD
NANCY A. BERRYHILL,
Commissioner of Social Security,
STIPULATION AND ORDER FOR THE
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)
IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Timothy L. Beals (Plaintiff) be awarded attorney
fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of Six
Thousand Five Hundred Dollars ($6,500.00). This amount represents compensation for all legal
services incurred on behalf of Plaintiff by counsel in connection with this civil action. Plaintiff
agrees to waive recovery of costs under 28 U.S.C. § 1920.
Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will
determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue
v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the
fees are subject to any offset allowed under the United States Department of the Treasury’s Offset
Program. After the order for EAJA fees is entered, the government will determine whether they are
subject to any offset.
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
Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be made
directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the
assignment executed by Plaintiff. Any payments made will be delivered to JARED T. WALKER.
This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and
does not constitute an admission of liability on the part of defendant under the EAJA or otherwise.
Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims
that Plaintiff and/or Plaintiff’s attorney including LAW OFFICE OF JARED T. WALKER, P.C.,
may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security
attorney fees under 42 U.S.C. § 406, subject to the savings clause provisions of the EAJA.
Dated: November 27, 2017
__/s/ Jared Walker
JARED T. WALKER,
Attorney for Plaintiff
PHILLIP A. TALBERT
United States Attorney
Dated: November 27, 2017
/s/ Ellinor R. Coder
(*authorized by e-mail on Nov. 27, 2017)
Ellinor R. Coder
Special Assistant United States Attorney
Attorneys for Defendant
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
Five Hundred Dollars ($6,500.00) subject to the terms of the parties’ foregoing Stipulation.
Dated: November 29, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?