McNeely v. Commissioner of Social Security

Filing 33

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/1/19 AWARDING Daryl Wayne McNeely $6.900.00 in attorney fees. (Coll, A)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
FRANCESCO P. BENAVIDES
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION

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13 DARRYL WAYNE MCNEELY,
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Plaintiff,
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v.
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NANCY A. BERRYHILL,
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Acting Commissioner of
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Social Security,
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Defendant.
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___________________________________ )

Civil No. 2:17-cv-00335-KJN
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY FEES
AND EXPENSES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT,
28 U.S.C. § 2412(d)

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Daryl Wayne McNeely be awarded attorney
fees and expenses in the amount of six thousand and nine hundred dollars ($6,900.00) under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.
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. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Daryl Wayne McNeely the government

2 will consider the matter of Daryl Wayne McNeely's assignment of EAJA fees to Robert C.
3 Weems. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the
4 assignment will depend on whether the fees are subject to any offset allowed under the United
5 States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the
6 government will determine whether they are subject to any offset.
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Fees shall be made payable to Daryl Wayne McNeely, but if the Department of the

8 Treasury determines that Daryl Wayne McNeely does not owe a federal debt, then the
9 government shall cause the payment of fees, expenses and costs to be made directly to Robert C.
10 Weems, pursuant to the assignment executed by Daryl Wayne McNeely.
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This stipulation constitutes a compromise settlement of Daryl Wayne McNeely's request

12 for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant
13 under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release
14 from, and bar to, any and all claims that Daryl Wayne McNeely and Robert C. Weems may have
15 relating to EAJA attorney fees in connection with this action.
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Respectfully submitted,

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18 Date:

WEEMS LAW OFFICES

April 26, 2019

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BY:

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

Date: April 26, 2019

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/s/ Robert C. Weems
ROBERT C. WEEMS
Attorney for Plaintiff

BY:

/s/ Francesco P. Benavides_
FRANCESCO P. BENAVIDES
Special Assistant United States Attorney
Attorneys for Defendant
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ORDER

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PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED

4 DATED: May 1, 2019.
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UNITED STATES DISTRICT JUDGE

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