Garza v. Commissioner of Social Security

Filing 34

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/2019 IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of $11,780.00 and costs/expenses in the amount of $136.00, as authorized by 28:1920, 2412(d), subject to the terms of the referenced Stipulation.(Reader, L)

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BARBARA MARIE RIZZO (CSBN 172999)
Attorney At Law
P. O. Box 383103
Waikoloa, HI 96738
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

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Attorney for Plaintiff Carlos Brown Garza
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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____________________________________
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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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____________________________________)
CARLOS BROWN GARZA,

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Case No.: 2:17-CV-1076-EFB

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES, COSTS,
AND EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT,
28 U.S.C. §2412(d)

IT IS HEREBY STIPULATED by and between the parties, through their

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undersigned counsel, subject to the Court's approval, that Plaintiff be awarded

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attorney fees under the Equal Access to Justice Act, ("EAJA") in the amount of

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ELEVEN THOUSAND SEVEN HUNDRED AND EIGHTY DOLLARS ($11,780.00) and

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costs/expenses in the amount of ONE HUNDRED AND THIRTY-SIX DOLLARS ($136.00).

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These amounts represent compensation for legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with

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28 U.S.C. §§1920, 2412(d).

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After the Court issues an order for EAJA fees, costs, and expenses to

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Plaintiff, the Government will consider the matter of Plaintiff's assignment of

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EAJA fees, costs, and expenses to Plaintiff's attorney.

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Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend

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on whether the fees are subject to any offset allowed under the United States

STIPULATION FOR EAJA FEES, Case No. 2:17-cv-1076-EFB

Pursuant to Astrue v.

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Department of the Treasury's Offset Program.

After the order for EAJA fees,

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costs, and expenses is entered, the Government will determine whether the fees
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are subject to any offset.

If the Department of the Treasury determines that

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Plaintiff does not owe a federal debt, the Government shall cause the payment
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of fees, costs, and expenses to be made directly to Barbara Marie Rizzo,
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pursuant to the assignment executed by Plaintiff.

Any payments made shall be

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delivered to Plaintiff's counsel.
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This stipulation constitutes a compromise settlement of Plaintiff's
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request for EAJA attorney fees, costs, and expenses and does not constitute an
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admission of liability on the part of Defendant under the EAJA.

Payment of the

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agreed amount shall constitute a complete release from, and bar to, any and all
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claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA
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attorney fees, costs, and expenses in connection with this action.
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This award is without prejudice to the rights of Plaintiff's counsel to
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seek Social Security Act attorney fees under 42 U.S.C. §406(b), subject to the
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offset provisions of the EAJA.
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Respectfully submitted,
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Dated:

December 19, 2018

“/s/Barbara Marie Rizzo”
BARBARA MARIE RIZZO
Attorney for Plaintiff

Dated:

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December 19, 2018

"/s/Carolyn Chen"
CAROLYN CHEN
(As authorized via e-mail)
Special Assistant United States Attorney
Attorney for Defendant
Nancy A. Berryhill, Acting Commissioner
of Social Security

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STIPULATION FOR EAJA FEES, Case No. 2:17-cv-1076-EFB

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded
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attorney fees in the amount of ELEVEN THOUSAND SEVEN HUNDRED AND EIGHTY DOLLARS
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($11,780.00) and costs/expenses in the amount of ONE HUNDRED AND THIRTY-SIX
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DOLLARS ($136.00), as authorized by 28 U.S.C. §§1920, 2412(d), subject to the
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terms of the above referenced Stipulation.
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IT IS SO ORDERED.
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Dated:

January 7, 2019.

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______________________________
EDMUND F. BRENNAN
United States Magistrate Judge

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STIPULATION FOR EAJA FEES, Case No. 2:17-cv-1076-EFB

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