Blankenship v. Commissioner of Social Security

Filing 19

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 2/13/2017 AWARDING the plaintiff attorney fees, expenses and costs in the amount of $1,750.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and 28 U.S.C. § 1920. (Michel, G.)

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1 8 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL, CA SBN 230138 Regional Chief Counsel, Region IX Social Security Administration ELIZABETH FIRER Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8958 Facsimile: (415) 744-0134 E-Mail: 9 Attorneys for Defendant 2 3 4 5 6 7 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 KEVIN BLANKENSHIP, 14 Plaintiff, 15 v. 16 17 NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) No. 2:16-cv-01024-AC STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920 20 21 IT IS HEREBY STIPULATED by and between the parties through their undersigned 22 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees, expenses 23 and costs in the amount of one thousand seven hundred and fifty dollars ($1,750) under the 24 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and 28 U.S.C. § 1920. This amount 25 represents compensation for all legal services, expenses and costs rendered on behalf of 26 27 28 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 1 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 4 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 5 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 6 depend on whether the fees are subject to any offset allowed under the United States 7 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 8 government will determine whether they are subject to any offset. 9 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 10 determines that Plaintiff does not owe a federal debt, then the government shall cause the 11 payment of fees, expenses and costs to be made directly to counsel, pursuant to the assignment 12 executed by Plaintiff. Any payments made shall be delivered to counsel. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 14 attorney fees, and does not constitute an admission of liability on the part of Defendant under 15 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 16 from, and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may 17 have relating to EAJA attorney fees in connection with this action. 18 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 19 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 20 provisions of the EAJA. 21 22 DATE: February 13, 2017 Respectfully submitted, PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 23 24 25 26 /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney 27 28 2 1 DATE: February 13, 2017 Respectfully submitted, s/ Kelsey Mackenzie Brown KELSEY MACKENZIE BROWN Attorney for Plaintiff (per email authorization) 2 3 4 5 ORDER 6 7 8 PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: February 14, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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