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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1 2 3 KENNETH J. COLLINS, CSBN 100579 ATTORNEY AT LAW P.O. BOX 1193 ARCATA, CA 95518 (707) 822-1611 FAX (707) 822-1044 EMAIL: 4 5 ATTORNEY FOR PLAINTIFF 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAURA THOMPSON, 12 Plaintiff, 13 14 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 15 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. 16 17 18 19 20 TO THE HONORABLE CAROLYN K. DELANEY, MAGISTRATE JUDGE OF THE DISTRICT COURT: IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of SIX THOUSAND DOLLARS AND 00/100 CENTS ($6,000.00) under the Equal 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 24 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 25 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 1 accordance with 28 U.S.C. §§ 1920; 2412(d). (Attorney’s hourly rate of $192.68 times 31.70 2 hours). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 4 the matter of LAURA THOMPSON assignment of EAJA fees to Kenneth J. Collins. The 5 retainer agreement containing the assignment is attached as Exhibit 1. Pursuant to Astrue v. 6 Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether 7 the fees are subject to any offset allowed under the United States Department of the Treasury's 8 Offset Program. After the order for EAJA fees is entered, the government will determine 9 whether they are subject to any offset. 10 Fees shall be made payable to LAURA THOMPSON, but if the Department of the 11 Treasury determines that LAURA THOMPSON does not owe a federal debt, then the 12 government shall cause the payment of fees, expenses and costs to be made directly to Mr. 13 Collins, pursuant to the assignment executed by LAURA THOMPSON. Any payments made 14 shall be delivered to Mr. Collins. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 15 16 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 17 EAJA or otherwise. Payment of SIX THOUSAND DOLLARS AND 00/100 CENTS 18 ($6,000.00) in EAJA attorney fees, shall constitute a complete release from, and bar to, any and 19 all claims that Plaintiff THOMPSON and Plaintiff’s Attorney Kenneth J. Collins may have 20 relating to EAJA attorney fees and expenses in connection with this action. This award is 21 without prejudice to the rights of Plaintiff’s Attorney, Kenneth J. Collins to seek Social Security 22 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 23 // 24 // 25 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 1 Respectfully submitted, 2 3 Dated: February 22, 2018 4 5 /s/ Kenneth J. Collins KENNETH J. COLLINS Attorney for Plaintiff McGREGOR W. SCOTT United States Attorney 6 7 DEBORAH L. STACHEL Regional Chief Counsel, Region IX 8 9 Dated: February 22, 2018 10 /s/ Richard M. Rodriguez RICHARD M. RODRIGUEZ Special Assistant United States Attorney Attorneys for Defendant 11 12 13 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded 14 attorney fees in the amount of SIX THOUSAND DOLLARS AND 00/100 CENTS ($6,000.00) 15 as authorized by 28 U.S.C. 2412(d), subject to the terms of the above-referenced Stipulation. 16 Dated: March 9, 2018 17 18 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 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

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