Pryor v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 12/5/19 AWARDING Kristy Lynn Pryor attorney fees in the amount of $12,500 under the EAJA. (Coll, A)

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JOHN V. JOHNSON
Attorney for Plaintiff
McGregor W. Scott
United States Attorney
DEBORAH LEE STACHEL, Bar No. 230138
Regional Chief Counsel, Region IX
ASIM MODI NYSBN 4692018
Special Assistant United States Attorney

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Social Security Administration
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Defendant

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Kristy Lynn Pryor,

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Plaintiff,
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vs.
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ANDREW SAUL, commissioner
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of the Social Security Administration,
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Defendant.
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__________________________________________ )

CASE. No.: 2:16-CV-03018 KJN
STIPULATION AND PROPOSED ORDER
FOR ATTORNEY’S FEES PURSUANT
TO 28 U.S.C. SECTION 2412(d)

It is hereby stipulated by and between the parties through their undersigned counsel, subject to the approval

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of the Court, that Kristy Lynn Pryor, will be awarded attorney fees in the amount of TWELVE THOUSAND FIVE

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HUNDRED and NO CENTS DOLLARS ($12,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C.

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

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counsel in connection with this civil action, in accordance with 28 U.S.C. section 2412(d).

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After the Court issues an order for EAJA fees to Kristy Lynn Pryor, the Defendant will consider any
assignment of EAJA fees to John V. Johnson pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2252-2253 (2010), the

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ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under the

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United States Department of Treasury’s Offset Program. After the order for EAJA fees is entered, the Defendant

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will determine whether they are subject to any offset.

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Fees shall be made payable to Kristy Lynn Pryor, but if the Department of the Treasury determines that

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Kristy Lynn Pryor does not owe a federal debt, then the government shall cause the payment of fees to be made

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directly to John V. Johnson, pursuant to any assignment executed by Plaintiff. Any payment made shall be delivered

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directly to John V. Johnson.

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This stipulation constitutes a compromise settlement of Kristy Lynn Pryor’s request for EAJA attorney fees
and does not constitute an admission of liability on the part of the Defendant under EAJA. Payment of the agreed

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amount shall constitute complete release from, and bar to, any and all claims that Kristy Lynn Pryor, and/or John V.

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Johnson may have relating to EAJA attorney fees in connection with this action. This award is without prejudice to

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the rights of John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. Section 406(b) subject to

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the savings clause provisions of EAJA.

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Respectfully Submitted,
DATED: November 26, 2019

/ s / John V. Johnson
(As authorized
[e-mail])
John V. Johnson
Attorney for Plaintiff

DATED: November 26, 2019

McGREGOR W. SCOTT
United States Attorney
DEBORAH L. STACHEL
Regional Chief Attorney, Region IX
Social Security Administration

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By: / s / Asim Modi
ASIM MODI
Special Assistant U.S. Attorney
Attorney for Defendant

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ORDER
APPROVED AND SO ORDERED.

Dated: December 5, 2019