Demchuk v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/8/18 GRANTING 29 Motion for Attorney Fees. IT IS ORDERED that defendant pay plaintiff'S Atorney fees in the amount of $4,000 pursuant to the EAJA in accordance with this stipulation. (Mena-Sanchez, L)

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JESSE S. KAPLAN CSB# 103726
5441 Fair Oaks Bl. Ste. C-1
Carmichael, CA 95608
[phone]
[phone] fax

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Attorney for Plaintiff
GALINA DEMCHUK

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
-o0O0o-

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GALINA DEMCHUK,

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Plaintiff,
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v.
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Nancy Berryhill,
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ACTING COMMISSIONER OF SOCIAL)
SECURITY,
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Defendant.
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____________________________________)

No. 2:16-cv-000977-EFB
STIPULATION AND
PROPOSED ORDER
APPROVING SETTLEMENT
OF ATTORNEY FEES UNDER
THE EQUAL ACCESS TO
JUSTICE ACT
[28 U.S.C. §2412(d)]

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THE PARTIES STIPULATE through the undersigned, subject to the approval of the
Court, that plaintiff be awarded attorney fees in the amount of Four Thousand Dollars

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($4,000.00) under the Equal Access to Justice Act, 28 U.S.C. §2412(d) and that there will be no
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award of costs. This will represent compensation for all legal services rendered by counsel for
plaintiff in this civil action and in accordance with that statute.

[Pleading Title] - 1

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Upon the Court’s order, defendant will consider the assignment of those EAJA fees
pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), considering any offsets allowed

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under the United States Department of Treasury’s Offset Program. Fees shall be made payable to
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plaintiff, but if the Treasury Department determines plaintiff owes no federal debt, then the

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government shall pay the fees directly to Jesse S. Kaplan based on an assignment executed by

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plaintiff and will deliver the payment to said counsel.

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This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA fees

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and not an admission of liability of defendant under the EAJA. Payment of this agreed amount

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shall constitute a complete release and bar of plaintiff and her counsel regarding EAJA fees

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relating to this action. This award is without prejudice to plaintiff’s counsel’s right to fees under

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42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA.

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Dated: January 2, 2018

/s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff

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Dated: January 2, 2018

/s/ per email authorization

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JEFFREY CHEN
Special Assistant U.S. Attorney
Attorney for Defendant

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[Pleading Title] - 2

ORDER

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GOOD CAUSE APPEARING from the foregoing stipulation, IT IS ORDERED that

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defendant pay plaintiff’s attorney fees in the amount of $4,000 pursuant to the EAJA in

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accordance with this stipulation.

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DATED: January 8, 2018.

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[Pleading Title] - 3