Zumpano v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 2/26/2018 ORDERING that Teresa Victoria Zumpano be awarded attorney fees and expenses in the amount of $6,000.00 under the EAJA. (Hunt, G)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
Margaret Branick-Abilla, CSBN 223600
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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TERESA VICTORIA ZUMPANO,

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

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Defendant.

Case No.: 2:17-cv-01006-CMK
STIPULATION & 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

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counsel, subject to the approval of the Court, that Plaintiff Teresa Victoria Zumpano (Plaintiff)

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be awarded attorney fees and expenses in the amount of six thousand dollars and zero cents

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($6,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount

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represents compensation for all legal services rendered on behalf of Plaintiff by counsel in

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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 Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to counsel Josephine Gerrard. Pursuant to

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Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on

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whether the fees are subject to any offset allowed under the United States Department of the
Stipulation & PO; Case No.: 2:17-cv-01006-CMK
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Treasury’s Offset Program. After the order for EAJA fees is entered, the government will

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determine whether they are subject to any offset.

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

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees

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and expenses to be made directly to counsel Josephine Gerrard, pursuant to the assignment

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

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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 the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or counsel Josephine Gerrard including Gerrard Law

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Offices may have relating to EAJA attorney fees in connection with this action.

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This award is without prejudice to the rights of counsel Josephine Gerrard and/or Gerrard

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Law Offices to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the

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savings clause provisions of the EAJA.

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Respectfully submitted,

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Dated: February 20, 2018

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GERRARD LAW OFFICES
By:/s/ Josephine M. Gerrard*
JOSEPHINE M. GERRARD
Attorneys for Plaintiff
[*As authorized by e-mail on Feb. 20, 2018]

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Dated: February 26, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
By: /s/ Margaret Branick-Abilla
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MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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Stipulation & PO; Case No.: 2:17-cv-01006-CMK
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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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Dated: February 26, 2018

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Stipulation & PO; Case No.: 2:17-cv-01006-CMK
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