Bailey v. Commissioner of Social Security

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 7/24/19 APPROVING settlement of attorney fees. Plaintiff shall be awarded attorney fees in the amount of $3,422.39 as authorized by 28 U.S.C. § 2412(d), subject to the terms of the Stipulation. (Kaminski, H)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CAROLYN B. CHEN, CSBN 256628
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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JOSEF BAILEY,
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Plaintiff,
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vs.
ANDREW SAUL,1
Commissioner of Social Security,
Defendant.

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Case No.: 2:17-cv-02360-JAM-DMC
STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

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

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counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees in the amount of
THREE THOUSAND FOUR HUNDRED TWENTY-TWO DOLLARS AND THIRTY-NINE
CENTS ($3,422.39) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This

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Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a
party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42
U.S.C. § 405(g) (action survives regardless of any change in the person occupying the office of
Commissioner of Social Security).
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amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel

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in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the

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fees are subject to any offset allowed under the United States Department of the Treasury’s

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Offset Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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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 to

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be made directly to Jesse Kaplan pursuant to the assignment executed by Plaintiff. Any

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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

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attorney fees and expenses, and does not constitute an admission of liability on the part of

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Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a

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complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel,

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including Jesse Kaplan, may have relating to EAJA attorney fees and expenses in connection

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with this action.

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This award is without prejudice to the rights of Plaintiff’s counsel and/or Jesse Kaplan to

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

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provisions of the EAJA.

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Respectfully submitted,

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Dated: July 23, 2019
By: /s/ Jesse S. Kaplan
JESSE S. KAPLAN
Attorney for Plaintiff
(As authorized by email on July 23, 2019)

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Dated: July 23, 2019

Respectfully submitted,
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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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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 THREE THOUSAND FOUR HUNDRED TWENTY-TWO

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DOLLARS AND THIRTY-NINE CENTS ($3,422.39) as authorized by 28 U.S.C. § 2412(d),

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subject to the terms of the above-referenced Stipulation.

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Dated: July 24, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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