Goodman v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/4/2019 ORDERING plaintiff be awarded attorney fees and expenses under the EAJA in the amount of $6,900. (Zignago, K.)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JANICE MARIE GOODMAN,

No. 2:17-cv-01228-CKD

Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD OF FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT

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Defendant.
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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 the previously-filed Motion for Attorney’s Fees,

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filed April 2, 2019, shall be withdrawn, and that Plaintiff be awarded attorney fees and expenses

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under the EAJA in the amount of SIX THOUSAND NINE HUNDRED dollars ($6,900). This

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amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by

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counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.

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

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will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment

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will depend on whether the fees, expenses are subject to any offset allowed under the United

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States Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses

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is entered, the government will determine whether they are subject to any offset.

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Fees and expenses shall be made payable to Plaintiff, 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

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the payment of fees to be made directly to Robert C. Weems, pursuant to the assignment executed

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by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
attorney fees and expenses, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses in connection with this action.

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security
Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
Respectfully submitted April 3, 2019.

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DATED: April 2, 2019

/s/ Robert C. Weems
ROBERT C. WEEMS
(as authorized by email)
Attorney for Plaintiff

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MCGREGOR W. SCOTT
United States Attorney

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DATED: April 3, 2019

By

s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
Pursuant to stipulation, it is so ordered. The Clerk of Court shall terminate the motion
for attorney fees at ECF No. 26 pursuant to this order.

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Dated: April 4, 2019
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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