Ryder v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Craig M. Kellison on 3/8/2018 ORDERING that Sharon Ryder be AWARDED attorney fees and expenses in the amount of $7,258.00 under the Equal Access to Justice Act, 28:2412(d); this amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28:1920; 2412(d). (Reader, L)

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1 2 3 PETER E. BRIXIE, Bar #124186 Attorney at Law 410 Twelfth Street, Suite One Sacramento, CA 95814 Telephone: (916) 658-1880 Fax: (916) 658-1884 E-mail: peterbrixie@gmail.com 4 Attorney for SHARON RYDER 5 UNITED STATE DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 10 11 12 SHARON RYDER, Plaintiff, Case No.: 2:16-CV-01535-TLN-CMK STIPULATION AND ORDER FOR PAYMENT OF PLAINTIFF’S ATTORNEY FEES vs. COMMISSIONER OF SOCIAL SECURITY, Defendant To the honorable CRAIG M. KELLISON, it is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval of the Court, that SHARON 13 RYDER be awarded attorney fees and expenses in the amount of $7258.00 under the Equal 14 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 15 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 16 accordance with 28 U.S.C. §§ 1920; 2412(d). 17 After the Court issues an order for EAJA fees to SHARON RYDER, the government will consider the matter of assignment of EAJA fees to PETER BRIXIE. The retainer agreement 18 containing the assignment is attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 19 2529 (2010), the ability to honor the assignment will depend on whether the fees are subject to 20 any offset allowed under the United States Department of the Treasury's Offset Program. After 21 the order for EAJA fees is entered, the government will determine whether they are subject to any offset. 22 Fees shall be made payable to SHARON RYDER, but if the Department of the Treasury 23 determines that SHARON RYDER does not owe a federal debt, then the government shall cause 24 the payment of fees, expenses and costs to be made directly to PETER BRIXIE pursuant to the 25 assignment executed by SHARON RYDER Any payments made shall be delivered to PETER BRIXIE 1 2 3 This stipulation constitutes a compromise settlement of SHARON RYDER vs. COMMISSIONER OF SOCIAL SECURITY request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, 4 any and all claims that SHARON RYDER may have relating to EAJA attorney fees in 5 connection with this action. This award is without prejudice to the rights of PETER BRIXIE to 6 seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 7 provisions of the EAJA. Respectfully submitted, 8 9 Dated: March 8, 2018 By: 10 /s/ Peter Brixie PETER E. BRIXIE Attorney at Law Attorney for Plaintiff 11 12 Dated: March 8, 2018 /s/Marcelo N. Illarmo MARCELO N. ILLARMO Special Assistant United States Attorney Attorneys for Defendant 13 14 __ooo__ 15 APPROVED AND SO ORDERED 16 17 18 19 20 21 22 23 24 25 Dated: March 8, 2018

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