John v. Commissioner of Social Security

Filing 23

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/2019 IT IS SO ORDERED by stipulation, that Plaintiff be awarded attorney fees and expenses in the amount of $6,500.00 under the Equal Access to Justice Act, 28:2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28:2412(d).(Reader, L)

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ANTONIO VALDEZ SBN # 288656
JULIANA FEHRENBACHER, SBN # 307566
LEGAL SERVICES OF NORTHERN CALIFORNIA
190 Reamer Street
Auburn, CA 95603
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff Teresa John

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERESA JOHN,
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-00867-EFB

STIPULATION AND PROPOSED
ORDER 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 Plaintiff be awarded
attorney fees and expenses in the amount of SIX THOUSAND FIVE HUNDRED
dollars ($6,500.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
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.
§ 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant
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John v. Berryhill, 2:17-cv-00867-EFB
STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTY’S FEES

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to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the

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

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allowed under the United States Department of the Treasury’s Offset Program. After

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the order for EAJA fees is entered, the government will determine whether they are

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subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury

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determines that Plaintiff does not owe a federal debt, then the government shall cause

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the payment of fees, expenses and costs to be made directly to counsel, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to counsel.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for

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

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Defendant under the EAJA or otherwise. Payment of the agreed amount shall

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constitute a complete release from, and bar to, any and all claims that Plaintiff and/or

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counsel including counsel’s firm may have relating to EAJA attorney fees in connection

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with this action.

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Respectfully submitted,
DATED: December 7, 2018

LEGAL SERVICES OF NORTHERN CALIFORNIA
/s/ Antonio Valdez_________
By: ANTONIO VALDEZ
Attorney for Plaintiff

DATED: December 7, 2018

_/s/ Ben A. Porter___________
By: BEN A. PORTER
Special Assistant United States Attorney
Attorneys for Defendant
(*As Authorized By E-Mail on December 7, 2018)

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John v. Berryhill, 2:17-cv-00867-EFB
STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTY’S FEES

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ORDER

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Pursuant to the stipulation, it is so ordered.

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DATED: January 7, 2019.

___________________________________
HON. EDMUND F. BRENNAN
United States Magistrate Judge

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John v. Berryhill, 2:17-cv-00867-EFB
STIPULATION AND [PROPOSED] ORDER FOR THE AWARD AND PAYMENT OF ATTY’S FEES