Duckswert v. Commissioner of Social Security

Filing 35

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/22/2019 ORDERING that fees and expenses in the amount of $7,200.00 are awarded. (Zignago, K.)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ALLISON J. CHEUNG, CSBN 244651
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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DAWN ZUCKSWERT,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.
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Case No.: 2:17-cv-00779-AC
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); [PROPOSED] ORDER

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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 Dawn Zuckswert be awarded attorney
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fees and expenses in the amount of seven thousand and two hundred dollars ($7,200.00) under
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the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C.
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§ 1920. This amount represents compensation for all legal services rendered on behalf of
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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920,
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2412(d).
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Stip. & Prop. Order for EAJA.; 2:17-cv-00779-AC

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After the Court issues an order for EAJA fees to Plaintiff Dawn Zuckswert, the

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government will consider the matter of Plaintiff’s assignment of EAJA fees to Robert C.
Weems. 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 the
order for EAJA fees is entered, the government will determine whether they are subject to any
offset.
Fees shall be made payable to Plaintiff Dawn Zuckswert, but if the Department of the

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Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause
the payment of fees and expenses to be made directly to Robert C. Weems, pursuant to the
assignment executed by Plaintiff. Any payments made shall be delivered to counsel Robert C.
Weems.
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 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release
from, and bar to, any and all claims that Plaintiff Dawn Zuckswert and/or Robert C. Weems,
including Weems Law Offices may have relating to EAJA attorney fees in connection with this
action.
Respectfully submitted,

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Dated: January 18, 2019

/s/ Robert C. Weems
(*as authorized via email on January 18, 2019)
ROBERT C. WEEMS
Attorney for Plaintiff

Dated: January 18, 2019

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

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By:

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Stip. & Prop. Order for EAJA.; 2:17-cv-00779-AC

/s/ Allison J. Cheung
ALLISON J. CHEUNG
Special Assistant U.S. Attorney
Attorneys for Defendant

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[PROPOSED] ORDER

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Based upon the parties’ 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), IT IS ORDERED
that fees and expenses in the amount of $7,200.00 as authorized by 28 U.S.C. § 2412, and no
costs under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.

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Dated: January 22, 2019

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Stip. & Prop. Order for EAJA.; 2:17-cv-00779-AC

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