Stockert v. Commissioner of Social Security

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/5/2018 ORDERING that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND ONE HUNDRED SIXTY-FIVE DOLLARS AND SIXTY FOUR CENTS ($5,165.64). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). (Becknal, R)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CHANTAL R. JENKINS, PA SBN 307531 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8931 Facsimile: (415) 744-0134 E-Mail: Chantal.Jenkins@ssa.gov 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 DANIEL STOCKERT, 14 Plaintiff, 15 16 17 18 19 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-01185-CKD STIPULATION AND ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 22 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND ONE 23 HUNDRED SIXTY-FIVE DOLLARS AND SIXTY FOUR CENTS ($5,165.64). This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 25 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 27 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s 28 1 1 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment 2 will depend on whether the fees and expenses are subject to any offset allowed under the United 3 States Department of the Treasury’s Offset Program. After the order for EAJA fees and 4 expenses is entered, the government will determine whether they are subject to any offset. 5 Fees and expenses shall be made payable to Plaintiff, but if the Department of the 6 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause 7 the payment of fees and expenses to be made directly to Kelsey Brown, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees and expenses, and does not constitute an admission of liability on the part of 11 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 12 from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to 13 EAJA attorney fees and expenses in connection with this action. 14 15 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. 16 17 18 Respectfully submitted, Dated: January 2, 2018 /s/ Kelsey M. Brown by Chantal R. Jenkins* KELSEY M. BROWN As authorized via email on January 2, 2018 Attorney for Plaintiff Dated: January 2, 2018 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 19 20 21 22 23 24 25 26 27 28 By: /s/ Chantal R. Jenkins CHANTAL R. JENKINS Special Assistant United States Attorney 2 1 ORDER 2 3 4 5 6 7 APPROVED AND SO ORDERED: Dated: January 5, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 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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