Thompson v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/9/18, ORDERING that Plaintiff is AWARDED attorney fees in the amount of $6,000.00. (Kastilahn, A)

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KENNETH J. COLLINS, CSBN 100579
ATTORNEY AT LAW
P.O. BOX 1193
ARCATA, CA 95518
[phone] FAX [phone]
EMAIL: [e-mail]

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ATTORNEY FOR PLAINTIFF

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURA THOMPSON,

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Plaintiff,

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vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Case No. 2:17-cv-0216 CKD

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

Defendant.
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TO THE HONORABLE CAROLYN K. DELANEY, MAGISTRATE JUDGE OF THE
DISTRICT COURT:
IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the

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amount of SIX THOUSAND DOLLARS AND 00/100 CENTS ($6,000.00) under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for

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all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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Stipulation for the Award and Payment of Attorney Fees Pursuant to the Equal Access to Justice Act,
Case No 2:17-cv-0216 CKD, Page 1 of 3

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accordance with 28 U.S.C. §§ 1920; 2412(d). (Attorney’s hourly rate of $192.68 times 31.70

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hours).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of LAURA THOMPSON assignment of EAJA fees to Kenneth J. Collins. The

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retainer agreement containing the assignment is attached as Exhibit 1. Pursuant to Astrue v.

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Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether

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the fees are subject to any offset allowed under the United States Department of the Treasury's

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Offset Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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Fees shall be made payable to LAURA THOMPSON, but if the Department of the

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Treasury determines that LAURA THOMPSON does not owe a federal debt, then the

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government shall cause the payment of fees, expenses and costs to be made directly to Mr.

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Collins, pursuant to the assignment executed by LAURA THOMPSON. Any payments made

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shall be delivered to Mr. Collins.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees, and does not constitute an admission of liability on the part of Defendant under the

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EAJA or otherwise. Payment of SIX THOUSAND DOLLARS AND 00/100 CENTS

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($6,000.00) in EAJA attorney fees, shall constitute a complete release from, and bar to, any and

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all claims that Plaintiff THOMPSON and Plaintiff’s Attorney Kenneth J. Collins may have

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relating to EAJA attorney fees and expenses in connection with this action. This award is

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without prejudice to the rights of Plaintiff’s Attorney, Kenneth J. Collins to seek Social Security

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

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//

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//

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Stipulation for the Award and Payment of Attorney Fees Pursuant to the Equal Access to Justice Act,
Case No 2:17-cv-0216 CKD, Page 2 of 3

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Respectfully submitted,

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Dated: February 22, 2018

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/s/ Kenneth J. Collins
KENNETH J. COLLINS
Attorney for Plaintiff
McGREGOR W. SCOTT
United States Attorney

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DEBORAH L. STACHEL
Regional Chief Counsel, Region IX

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Dated: February 22, 2018

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/s/ Richard M. Rodriguez
RICHARD M. RODRIGUEZ
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded

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attorney fees in the amount of SIX THOUSAND DOLLARS AND 00/100 CENTS ($6,000.00)

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as authorized by 28 U.S.C. 2412(d), subject to the terms of the above-referenced Stipulation.

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Dated: March 9, 2018
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stipulation for the Award and Payment of Attorney Fees Pursuant to the Equal Access to Justice Act,
Case No 2:17-cv-0216 CKD, Page 3 of 3