Michael Anthony Brisco v. Carolyn W. Colvin

Filing 26

STIPULATION AND ORDER re 25 . STIPULATION WITH PROPOSED ORDER TO PLAINTIFF'S AWARD OF ATTORNEY'S FEES AND COSTS filed by Michael Anthony Brisco, Nancy A. Berryhill. Signed by Magistrate Judge Kandis A. Westmore on 12/13/17. (sis, COURT STAFF) (Filed on 12/13/2017)

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MICHAEL WOLCHANSKY, CSBN: 244759
Staff Attorney
Homeless Action Center
1432 Franklin Street
Telephone: [phone] x323
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Plaintiff

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BEN A. PORTER
Social Security Administration
Office of the General Counsel
160 Spear Street, Suite 800
San Francisco, CA 94105
Ph.: [phone]
Email: [e-mail]

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Attorney for Defendant

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL A. BRISCO,

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CIVIL NO. 4:16-CV-1843-KAW

Plaintiff,
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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security, 1

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STIPULATION TO PLAINTIFF’S AWARD
OF ATTORNEY’S FEES AND COSTS AND

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Defendant.

PROPOSED ORDER

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Action, 42 U.S.C. §405(g).”
STIPULATION TO PLAINTIFF’S AWARD OF ATTORNEY’S FEES AND PROPOSED ORDER

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4:16-CV-1843-KAW
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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the approval of the Court, that Plaintiff’s counsel, as Plaintiff’s assignee, be
awarded attorney fees under the Equal Access to Justice Act (EAJA) in the amount of SIX

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THOUSAND FIVE HUNDRED DOLLARS ($6,500.00). This amount represents
compensation for all legal services rendered on behalf of Plaintiff by counsel in connection
with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).
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 EAJA. Payment of six thousand five hundred dollars ($6,500.00) in EAJA attorney fees
shall constitute a complete release from and bar to any and all claims Plaintiff may have
relating to EAJA fees, expenses, and/or costs in connection with this action.

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After this Court issues an order for EAJA fees to Plaintiff, the Commissioner will
consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. The ability to
honor the assignment will depend on whether the fees are subject to any offset allowed under

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the United States Department of the Treasury’s Offset Program and the Commissioner will

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determine whether the fees are subject to an offset. See Astrue v. Ratliff, 560 U.S. 586, 598

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(2010). Any payment shall be made payable to Plaintiff, but if the Department of the Treasury
determines that Plaintiff does not owe a Federal debt, then the Commissioner shall cause the

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payment of fees and costs to be made directly to Plaintiff’s counsel pursuant to the assignment
executed by Mr. Brisco, attached.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social

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Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of
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the EAJA.
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STIPULATION TO PLAINTIFF’S AWARD OF ATTORNEY’S FEES AND PROPOSED ORDER

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4:16-CV-1843-KAW
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Dated: December 12, 2017
/s/ Michael Wolchansky
MICHAEL WOLCHANSKY
Attorney for Plaintiff
/s/Ben A. Porter*
BEN A. PORTER
* by email authorization 12/12 /17
Attorney for Defendant

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STIPULATION TO PLAINTIFF’S AWARD OF ATTORNEY’S FEES AND PROPOSED ORDER

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4:16-CV-1843-KAW
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Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act
Fees And Costs, IT IS ORDERED that Plaintiff shall be awarded attorney fees under the EAJA

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in the amount of six thousand five hundred dollars and zero cents ($6,500.00), as authorized by
28 U.S.C. §§ 1920, 2412(d), subject to the terms of the above-referenced Stipulation.

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12/13/17
Dated: _________________

THE HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION TO PLAINTIFF’S AWARD OF ATTORNEY’S FEES AND PROPOSED ORDER

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4:16-CV-1843-KAW
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