(SS) Wentz v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/14/2020 AWARDING Plaintiff EAJA fees in the amount of $4951.53 and costs in the amountof $400. (Tupolo, A)

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MELISSA NYMAN (CA 293207)
3009 Douglas Boulevard, Ste. 200
Roseville, CA 95661
Phone: [phone]
Fax: [phone]
Email: Melissa [e-mail]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROCIO WENTZ,
Plaintiff,

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vs.

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COMMISSIONER OF SOCIAL SECURITY,

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Case No.: 2:19-cv-01531-AC

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

Defendant

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Plaintiff, Rocio Wentz, by Melissa Nyman, her undersigned attorney and Defendant,
Andrew Saul, Commissioner of Social Security, by and through his undersigned attorney,
McGregor W. Scott, United States Attorney, jointly stipulate and petition this Court to enter an

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order awarding attorney fees and expenses in the total amount of $4951.53, in full satisfaction
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and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act

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(“EAJA”), 28 U.S.C § 2412. The award of attorney fees will satisfy all of Plaintiff’s claims

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under 28 U.S.C. § 2412 in this case. The parties further agree that Plaintiff is entitled to $400.00

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in costs, to be paid from the Department of the Treasury’s Judgment Fund.

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Any fees paid belong to Plaintiff, and not to her attorney, and may be offset to satisfy any
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pre-existing debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586
(2010). After the Court enters this award, if counsel for the Defendant can verify that Plaintiff

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JOINT STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT – CASE NO. 19-01531
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owes no pre-existing debt subject to the offset, Defendant will direct that the award be made
payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed by Plaintiff and

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counsel.
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Wherefore, Plaintiff and Defendant move the Court to accept this joint stipulation and

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enter an order awarding Plaintiff EAJA fees in the amount of $4951.53 and costs in the amount

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of $400.

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Dated: October 7, 2020

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Respectfully submitted,
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McGREGOR W. SCOTT
United States Attorney

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/s/ Melissa Nyman
Melissa Nyman
Attorney for Plaintiff
Nyman Turkish PC
3009 Douglas Boulevard
Suite 200
Roseville, CA 95661
Phone: [phone]
e-mail: Melissa Nyman @
NymanTurkish.com

/s/ Daniel P. Talbert
*
Daniel P. Talbert
Special Assistant United States Attorney
Attorneys for Defendant
Office of the General Counsel, Region IX
Social Security Administration
160 Spear Street, Ste. 800
San Francisco, CA 94105
Phone: [phone]
Email: [e-mail]
[*As authorized by email on October 6, 2020]

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JOINT STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT – CASE NO. 19-01531
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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.
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Dated: October 14, 2020

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JOINT STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT – CASE NO. 19-01531
-3-