Gummeson v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER for the award of Attorney fees signed by Magistrate Judge Carolyn K. Delaney on 12/15/17. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of SIX THOUSAND, SEVEN HUNDRED TEN DOLLARS ($6,710.00) in EAJA Attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiffs attorney, Jonathan O. Pea, Esq, may have relating to EAJA Attorney fees in connection with this action. (Mena-Sanchez, L)

1 PHILLIP A. TALBERT
United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
3 Regional Chief Counsel, Region IX
Social Security Administration
4 CAROLYN B. CHEN, CSBN 256628
5 Special Assistant United States Attorney
160 Spear Street, Suite 800
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San Francisco, California 94105
7 Tel: [phone]
Fax: [phone]
8 E-mail: [e-mail]
9 Attorneys for Defendant
10 Jonathan O. Peña, Esq.
11 CA Bar ID No.: 278044
Peña & Bromberg, PLC
12 5740 N. Palm Avenue
13 Suite 103
Fresno, CA 93704
14 Telephone: [phone]
15 Facsimile:866-282-6709
[e-mail]
16 Attorney for Plaintiff, Connie Lynne Gummeson
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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22 CONNIE L. GUMMESON,

Case No. 2:16-cv-01611-CKD

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STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT
(EAJA)
28 U.S.C. § 2412(d)

Plaintiff,

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v.

26 NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
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Defendant.

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TO THE HONORABLE CAROLYN K. DELANEY, MAGISTRATE JUDGE

2 OF THE UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,

4 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND,
5 SEVEN HUNDRED TEN DOLLARS ($6,710.00) under the Equal Access to Justice
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Act (EAJA), 28 U.S.C. § 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 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
to honor the assignment will depend on whether the fees are subject to any offset
allowed under the United States Department of the Treasury’s Offset Program. After

15 the order for EAJA fees is entered, the government will determine whether they are
16 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury

18 determines that Plaintiff does not owe a federal debt, then the government shall cause
19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
21 counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for

23 EAJA fees, and does not constitute an admission of liability on the part of Defendant
24 under the EAJA. Payment of SIX THOUSAND, SEVEN HUNDRED TEN DOLLARS
25 ($6,710.00) in EAJA attorney fees shall constitute a complete release from, and bar to,
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any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, Esq, may
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have relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Plaintiff’s attorney to seek Social

2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
3 provisions of the EAJA.
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Respectfully submitted,

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6 Dated: December 14, 2017
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9 Dated: December 14, 2017
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/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
By: /s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U.S. Attorney
Attorneys for Defendant

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SO ORDERED:

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Dated: December 15, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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