Wilson v. Commissioner of Social Security

Filing 22

AMENDED STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 3/6/19 AWARDING Plaintiff attorney fees in the amount $6,500.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. (Kastilahn, A)

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JOSEPHINE M. GERRARD (CBN 303221)
GERRARD LAW OFFICES
1791 SOLANO AVENUE, SUITE F01
BERKELEY, CALIFORNIA 94707
TEL: [phone]
FAX: [phone]
[e-mail]
ATTORNEY FOR PLAINTIFF

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GAIL WILSON Plaintiff,

No. 2:17-cv-01976-DB

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v.

AMENDED JOINT STIPULATION AND
ORDER FOR AWARD OF ATTORNEY’S
FEES PURSUANT TO EQUAL ACCESS
TO JUSTICE ACT
(28 U.S.C. § 2412(d))

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
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 Plaintiff be awarded attorney fees in the
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amount of six thousand five hundred dollars ($6,500.00) under the Equal Access to Justice Act

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(EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents

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

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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
the matter of Plaintiff’s assignment of EAJA fees to Josephine M. Gerrard. Pursuant to Astrue
v. Ratliff, 560 U.S. 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

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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

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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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expenses and costs to be made directly to Josephine M. Gerrard, pursuant to the assignment

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

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

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the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from,
and bar to, any and all claims that Plaintiff and/or Josephine M. Gerrard, including her firm,

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Gerrard Law 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 Josephine M. Gerrard or Gerrard Law

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Offices to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the
savings clause provisions of the EAJA.

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Dated:

March 4, 2019
/s/ Josephine M. Gerrard
JOSEPHINE M. GERRARD
Attorney for Plaintiff
/s/ Sundeep Patel (by email)
SUNDEEP PATEL
Attorney for Defendant

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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Dated: March 6, 2019

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DLB:6
DB\orders\orders.soc sec\wilson1976.stip.eaja.ord