Tyler v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/18/18 ORDERING that Plaintiff shall be awarded attorney fees in the amount of $14,500.00 and costs in the amount of $222.58, as authorized by 28 U.S.C. §§1920, 2412(d). (Kaminski, H)

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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 Lisa D. Tyler
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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____________________________________
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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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____________________________________)
LISA D. TYLER,

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Case No.: 2:17-cv-01167-EFB

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES AND COSTS
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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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FOURTEEN THOUSAND FIVE HUNDRED DOLLARS ($14,500.00) and costs in the amount of

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TWO HUNDRED TWENTY-TWO DOLLARS AND FIFTY-EIGHT CENTS ($222.58).

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represents compensation for all legal services rendered on behalf of Plaintiff

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by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§§1920, 2412(d).

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The amount

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

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Government will consider the matter of Plaintiff's assignment of EAJA fees and

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costs to Plaintiff's attorney.

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(2010), the ability to honor the assignment will depend on whether the fees are

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subject to any offset allowed under the United States Department of The

Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521

STIPULATION FOR EAJA FEES, Case No. 2:17-cv-01167-EFB

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Treasury's Offset Program.

After the order for EAJA fees and costs is entered,

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the Government will determine whether the fees are subject to any offset.

If

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

Any payments made shall be 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 and costs and does not constitute an admission
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of liability on the part of Defendant under the EAJA.

Payment of the agreed

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amount shall constitute a complete release from, and bar to, any and all claims
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that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney
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fees and costs 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 attorney fees pursuant to the Social Security Act, codified at 42 U.S.C.
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§406, subject to the offset provisions of the EAJA.
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Respectfully submitted,
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Dated:

December 12, 2018

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

Dated:

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December 12, 2018

"/s/Jeffrey Chen"
JEFFREY 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-01167-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 FOURTEEN THOUSAND FIVE HUNDRED DOLLARS
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($14,500.00) and costs in the amount of TWO HUNDRED TWENTY-TWO DOLLARS AND
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FIFTY EIGHT CENTS ($222.58), as authorized by 28 U.S.C. §§1920, 2412(d),
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subject to the terms of the above-referenced Stipulation.
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IT IS SO ORDERED.
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Dated:

December 18, 2018

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______________________________
THE HONORABLE EDMUND F. BRENNAN
United States Magistrate Judge

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STIPULATION FOR EAJA FEES, Case No. 2:17-cv-01167-EFB

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