Pickard v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER for the award of Attorney's fees pursuant to the equal access to justice act 28 U.S.C. § 2412(D) signed by District Judge John A. Mendez on 6/27/18. 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 provisions of the EAJA.(Mena-Sanchez, L)

1
2
3
4

David J. Linden
Attorney at Law
CSBN 41221
Post Office Box 5780
Napa, CA 94581-0780
Tel. [phone]
Fax.
[phone]
Email - [e-mail]

5
Attorney for Plaintiff
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
SACRAMENTO DIVISION
10
AHSHA PICKARD,
11
Plaintiff,
12
vs.
13
14
15
16
17

NANCY BERRYHILL, Acting Commissioner of
Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:16-cv-01545-JAM-CMK
STIPULATION AND ORDER FOR THE AWARD OF
ATTORNEY’S FEES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to

18

the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of ten thousand six hundred

19

seventy-five dollars and sixteen cents ($10,675.16) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §

20

2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in

21

connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d); 1920.

22
After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any assignment of
23
EAJA fees to David J. Linden. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor
24
any such assignment will depend on whether the fees are subject to any offset allowed under the United States
25

PICKARD v. BERRYHILL, Acting COSS, STIPULATION AND PROPOSED ORDER RE E.A.J.A. FEES

Page 1

1

Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will

2

determine whether they are subject to any offset.

3
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe
4
a federal debt, then the government shall cause the payment of fees to be made directly to David J. Linden, pursuant
5
to any assignment executed by Plaintiff. Any payments made shall be delivered to David J. Linden.
6
7

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and does not

8

constitute an admission of liability on the part of Defendant. This award is without prejudice to the rights of

9

Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the

10

EAJA.

11
12

Dated: June 27, 2018

/s/ David J. Linden
DAVID J. LINDEN
Attorney for Plaintiff

Dated: June 27, 2018

MCGREGOR SCOTT
United States Attorney

13
14
15
By
16
17

/s/Michael K.Marriott
MICHAEL K. MARRIOTT
(as authorized by email on 6/27/2018)
Special Assistant US Attorney
Attorneys for Defendant

18
19
ORDER
20
PURSUANT TO STIPULATION , IT IS SO ORDERED:
21
22
23
24
25

Dated: 6/27/2018

/s/ John A. Mendez________________________
JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

PICKARD v. BERRYHILL, Acting COSS, STIPULATION AND PROPOSED ORDER RE E.A.J.A. FEES

Page 2