(SS) John v. Commisioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/4/21 ORDERING that Plaintiff be awarded attorney fees and expenses in the amount of SEVEN THOUSAND EIGHT HUNDRED dollars and NO cents ($7,800.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND no costs under 28 U.S.C. § 1920.(Kaminski, H)

Download PDF
1 2 3 4 5 6 7 8 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CASPAR CHAN, CSBN 294804 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: 510-970-4810 Facsimile: 415-744-0134 Email: Caspar.Chan@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 TERESA JOHN, Plaintiff, 13 14 15 16 vs. ANDREW SAUL, Commissioner of Social Security, 17 Defendant. 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:19-CV-2008-CKD STIPULATION AND ORDER THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS PURSUANT TO 28 U.S.C. § 1920 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 22 in the amount of SEVEN THOUSAND EIGHT HUNDRED dollars and NO cents ($7,800.00) 23 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) AND no costs under 28 24 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 25 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 26 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 1 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 2 depend on whether the fees are subject to any offset allowed under the United States Department 3 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 4 determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to Plaintiff’s counsel, pursuant to the assignment executed 8 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under 11 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 12 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 13 relating to EAJA attorney fees in connection with this action. 14 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 16 17 //// 18 19 //// 20 21 //// 22 23 //// 24 25 //// 26 27 28 //// 1 Date: June 4, 2021 2 LEGAL SERVICES OF NORTHERN CALIFORNIA By: 3 4 5 6 Date: June 4, 2021 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 7 8 9 /s/ Caspar Chan for Antonio Serrano Valdez, Jr* ANTONIO SERRANO VALDEZ, JR. *Authorized by email on June 4, 2021 Attorneys for Plaintiff By: 10 11 /s/ Caspar Chan CASPAR CHAN Special Assistant United States Attorney Attorneys for Defendant 12 ORDER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND SO ORDERED. Dated: June 4, 2021 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?