Johnson v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/11/17, ORDERING that David Johnson be AWARDED attorney fees and expenses in the amount of $7,200.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). (Kastilahn, A)

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PETER E. BRIXIE, Bar #124186
Attorney at Law
410 Twelfth Street, Suite One
Sacramento, CA 95814
Telephone: [phone] Fax: [phone]
E-mail: [e-mail]

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Attorney for DAVID JOHNSON
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UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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DAVID JOHNSON,
Plaintiff,

Case No.: 2:16-CV-00492-AC
STIPULATION AND PROPOSED ORDER
FOR PAYMENT OF PLAINTIFF’S
ATTORNEY FEES

vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant

To the honorable ALLISON CLAIRE, IT IS HEREBY STIPULATED by and between
the parties through their undersigned counsel, subject to the approval of the Court, that DAVID

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JOHNSON be awarded attorney fees and expenses in the amount of $7,200.00 under the Equal
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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for

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all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to DAVID JOHNSON, the government
will consider the matter of assignment of EAJA fees to PETER BRIXIE. The retainer agreement

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containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521,

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2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to

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any offset allowed under the United States Department of the Treasury's Offset Program. After

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the order for EAJA fees is entered, the government will determine whether they are subject to
any offset.

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Fees shall be made payable to DAVID JOHNSON, but if the Department of the Treasury

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determines that DAVID JOHNSON does not owe a federal debt, then the government shall cause

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the payment of fees, expenses and costs to be made directly to PETER BRIXIE pursuant to the

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assignment executed by DAVID JOHNSON any payments made shall be delivered to PETER

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BRIXIE

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This stipulation constitutes a compromise settlement of DAVID JOHNSON vs.
COMMISSIONER OF SOCIAL SECURITY request for EAJA attorney fees, and does not

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constitute an admission of liability on the part of Defendant under the EAJA or

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otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to,

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any and all claims that DAVID JOHNSON may have relating to EAJA attorney fees in

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connection with this action. This award is without prejudice to the rights of PETER BRIXIE to
seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause

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provisions of the EAJA.

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Respectfully submitted,
Dated: 10/10/2017

By:

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Dated: 10/10/2017

/s/Jeffery T. Chen
JEFFERY T. CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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__ooo__

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APPROVED AND SO ORDERED

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/s/ Peter Brixie
PETER E. BRIXIE
Attorney at Law
Attorney for Plaintiff

Dated: 10/11/2017