Mina v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/20/18 AWARDING the Plaintiff attorney fees and expenses in the amount of $4,700.00, which includes $4,300.00 in fees and $400.00 in costs, in settlement of any and all claim he may have in the matter pursuant to EAJA. (Benson, A.)

1
2
3
4

NANCY K. McCOMBS (CSBN 163629)
Law Office of McCombs and Abel
12 Geary Street, Suite 201
San Francisco, California 94108
Telephone: [phone]
E-mail: [e-mail]
Attorney for Plaintiff

5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

STEPHANIE MINA,
Plaintiff,

10
11
12
13

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Defendant

)
)
)
)
)
)
)
)
)
)

No. 2:17-cv-01381-DB
STIPULATION AND ORDER FOR
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT

14
15

Plaintiff, Stephanie Mina, by and through her attorney, Nancy McCombs, and Defendant,

16

Nancy A. Berryhill, Acting Commissioner of Social Security Administration, by and through

17

attorneys, McGregor Scott, United States Attorney for the Eastern District of California, Jeffrey Chen,

18

Special Assistant United States Attorney, and Deborah Lee Stachel, Regional Chief Counsel, for said

19

district, jointly stipulate that the court award attorney fees and expenses in the amount of four-thousand

20

three-hundred dollars ($4,300.00) under the Equal Access to Justice Act, 28, U.S.C. § 2412(d), and costs

21

in the amount of four hundred dollars ($400.00) under 28 U.S.C. § 1920. This amount represents

22

compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil

23

action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

24
25

After the Court issues order for EAJA fees to Plaintiff, the government will consider the matter
of the Plaintiff’s assignment of EAJA fees to Nancy McCombs. Pursuant to Astrue v. Ratliff, 560 U.S.

1
2
3
4
5
6

586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on
whether the fees are subject to any offset allowed under the United States Department of the Treasury’s
Offset Program. After the order for EAJA fees is entered, the government will determine whether they
are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that
Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and
costs to be made directly to Nancy McCombs, pursuant to the assignment executed by Plaintiff. Any

7

payments made shall be delivered to Nancy McCombs.
8

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney
9

fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or
10

otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and
11
12

all claims that Plaintiff and Nancy McCombs, including the Law Office of McCombs and Abel have

13

relating to EAJA attorney fees in connection with this action.

14
15
16

The parties hereby request that the court enter an order awarding the Plaintiff attorney
fees and expenses in the amount of $4,700.00, which includes $4,300.00 in fees and $400.00 in
costs, in settlement of any and all claim he may have in the matter pursuant to EAJA.

17
18

DATE: 12/4/2018

/s/ Nancy K. McCombs
NANCY K. McCOMBS,
Plaintiff’s Attorney

DATE: 12/4/2018

/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant Unites States Attorney
McGREGOR SCOTT
United States Attorney for the Eastern
District of California
DEBORAH LEE STACHEL
Regional Chief Counsel

19
20
21
22
23
24
25

1
2
3

ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: December 20, 2018

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

DLB:6
DB\orders\orders.soc sec\mina1381.stip.eaja.ord