Mann v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/11/17: Plaintiff shall be awarded attorney fees and expenses under the EAJA in the amount of THREE THOUSAND EIGHT HUNDRED dollars ($3,800). (Kaminski, H)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH L. STACHEL
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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LOURA MANN,

No. 2:16-cv-00421-AC
Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

STIPULATION AND PROPOSED 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 Plaintiff shall be awarded attorney fees and

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expenses under the EAJA in the amount of THREE THOUSAND EIGHT HUNDRED dollars

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($3,800). This amount represents compensation for all legal services rendered on behalf of

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Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§ 2412.

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

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will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment

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will depend on whether the fees, expenses are subject to any offset allowed under the United

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States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses

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is entered, the government will determine whether they are subject to any offset.

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Fees and expenses shall be made payable to Plaintiff, but if the Department of the

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Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause

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the payment of fees to be made directly to Robert C. Weems, pursuant to the assignment executed

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by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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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

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to

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EAJA attorney fees and expenses 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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Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted December 8, 2017.

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s/ Robert C. Weems
ROBERT C. WEEMS
(as authorized by email)

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Attorney for Plaintiff

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PHILLIP A. TALBERT
United States Attorney

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DATED: December 8, 2017

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s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney

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Attorneys for Defendant

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DATE: December 8, 2017

By

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ORDER
Pursuant to stipulation, it is so ordered.

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DATE: December 11, 2017

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