Seevers v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/1/2019 AWARDING plaintiff Vernon S. Seevers attorney fees in the amount of Eight Thousand Dollars and Zero Cents ($8,00.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of Four Hundred Dollars and Zero Cents ($400.00) under 28 U.S.C. § 1920.(Becknal, R)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARGARET BRANICK-ABILLA, CSBN 223600
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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VERNON S. SEEVERS,

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Plaintiff,

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vs.

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ANDREW SAUL,
Commissioner of Social Security, 1

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Defendant.
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No. 2:18-cv-00208-DB
STIPULATION AND ORDER FOR THE
AWARD AND PAYMENT OF
ATTORNEY FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412(d), AND COSTS
PURSUANT TO 28 U.S.C. § 1920

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Andrew Saul is now the Commissioner of Social Security and is automatically substituted in
this action pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (action survives
regardless of any change in the person occupying the office of Commissioner of Social Security).
Stipulation
No. 2:18-cv-00208-DB

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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 Vernon S. Seevers (Plaintiff) be

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awarded attorney fees in the amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS

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($8,00.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the

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amount of FOUR HUNDERD DOLLARS AND ZERO CENTS ($400.00) under 28 U.S.C.

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§ 1920. This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920,

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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 counsel Jared T. Walker. Pursuant to Astrue

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

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the 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 counsel Jared T. Walker, pursuant to the authorization executed by Plaintiff.

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Any payments made shall be delivered to counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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

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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or counsel, including but not limited to Jared T.

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Walker, may have relating to EAJA attorney fees in connection with this action.

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Stipulation
No. 2:18-cv-00208-DB

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This award is without prejudice to the rights of counsel 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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Respectfully submitted,

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Dated: October 25, 2019

LAW OFFICE OF JARED T. WALKER, PC

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By: /s/ Jared T. Walker*
JARED T. WALKER
Attorneys for Plaintiff
[*As authorized by e-mail on Oct. 25, 2019]

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Dated: October 25, 2019

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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: /s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: November 1, 2019

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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Stipulation
No. 2:18-cv-00208-DB

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