Pickard v. Commissioner of Social Security
Filing
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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)
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David J. Linden
Attorney at Law
CSBN 41221
Post Office Box 5780
Napa, CA 94581-0780
Tel. (707) 252-7007
Fax.
(707) 252-7883
Email - david@lindenlaw.net
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Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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AHSHA PICKARD,
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Plaintiff,
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vs.
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NANCY BERRYHILL, Acting Commissioner of
Social Security,
Defendant.
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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
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the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of ten thousand six hundred
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seventy-five dollars and sixteen cents ($10,675.16) under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
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2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in
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connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d); 1920.
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After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any assignment of
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EAJA fees to David J. Linden. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor
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any such assignment will depend on whether the fees are subject to any offset allowed under the United States
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PICKARD v. BERRYHILL, Acting COSS, STIPULATION AND PROPOSED ORDER RE E.A.J.A. FEES
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Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will
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determine whether they are subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe
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a federal debt, then the government shall cause the payment of fees to be made directly to David J. Linden, pursuant
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to any assignment executed by Plaintiff. Any payments made shall be delivered to David J. Linden.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and does not
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constitute an admission of liability on the part of Defendant. This award is without prejudice to the rights of
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Plaintiff’s counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the
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EAJA.
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Dated: June 27, 2018
/s/ David J. Linden
DAVID J. LINDEN
Attorney for Plaintiff
Dated: June 27, 2018
MCGREGOR SCOTT
United States Attorney
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By
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/s/Michael K.Marriott
MICHAEL K. MARRIOTT
(as authorized by email on 6/27/2018)
Special Assistant US Attorney
Attorneys for Defendant
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ORDER
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PURSUANT TO STIPULATION , IT IS SO ORDERED:
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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
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