Burley v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/03/17 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of $5550.00. (Benson, A.)

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SHELLIE LOTT, SBN: 246202
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]
LINDA ZISKIN, SBN: 196293
Ziskin Law Office
PO Box 753833
Las Vegas, NV 89136
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO BRANCH

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RONALD LEE BURLEY,
Plaintiff,

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vs.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Case No.: 2:16-cv-00485-EFB

STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

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IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees
under the EAJA in the amount of FIVE THOUSAND FIVE HUNDRED AND FIFTY
DOLLARS AND 00 CENTS ($5550.00). This amount represents a negotiated compensation for
all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil
action, in accordance with 28 U.S.C. § 2412.
After the Court issues an order for EAJA fees and expenses to Plaintiff, the

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

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Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the

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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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees

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and expenses 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
Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause
the payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the
assignment executed by Plaintiff, attached to this filing. Any payments made shall be delivered
to Plaintiff's counsel.
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
Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted,
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Dated: August 1, 2017

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/s/ Shellie Lott
SHELLIE LOTT
Attorney for Plaintiff
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHE
Regional Chief Counsel

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Date: August 1, 2017

/s/Carolyn Chen
CAROLYN CHEN
(As authorized via email on 8/1/17)
Special Assistant United States Attorney

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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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ORDER
Pursuant to the stipulation for $5500.00, it is so ordered.

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DATE: August 3, 2017.

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EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)