Gonzalez v. Commissioner of Social Security

Filing 32

STIPULATION AND ORDER re 31 . STIPULATION WITH PROPOSED ORDER FOR AWARD OF ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT filed by Alejandro Gonzalez, Jr., Commissioner of SSA. Signed by Magistrate Judge Kandis A. Westmore on 6/12/18. (sisS, COURT STAFF) (Filed on 6/12/2018)

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Jared T. Walker (SB#269029)
1104 Corporate Way
Sacramento, CA 95831
T: [phone]
F: [phone]
[e-mail]

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Attorney for Plaintiff,
ALEJANDRO GONZALEZ, JR.

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEJANDRO GONZALEZ, JR. ,

Case No.: 4:16-cv-05310-KAW

Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

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Defendant.
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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 Alejandro Gonzalez, Jr. (Plaintiff) be awarded

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attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of

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Seven Thousand Dollars ($7,000.00). This amount represents compensation for all legal services

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incurred on behalf of Plaintiff by counsel in connection with this civil action.

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Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will

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determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue

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v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the

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

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Program. After the order for EAJA fees is entered, the government will determine whether they are

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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 will cause the payment of fees to be
STIPULATION AND PROPOSED ODER FOR
AWARD UNDER EQUAL ACCESS TO JUSTICE ACT

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made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the

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assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T.

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WALKER.

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This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and

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does not constitute an admission of liability on the part of defendant under the EAJA or otherwise.

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Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims

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that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C.,

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

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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security

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attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

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Dated: June 7, 2018

Respectfully submitted,

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__/s/ Jared Walker
JARED T. WALKER,
Attorney for Plaintiff

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SO STIPULATED:
ALEX G. TSE
Acting United States Attorney

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Dated: June 8, 2018

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By:

/s/ *Tina L. Naicker
TINA L. NAICKER
(*signature authorized by e-mail on )
Special Assistant United States Attorney
Attorney for Defendant

ORDER
Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access
to Justice Act (EAJA),

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IT IS ORDERED that EAJA fees are awarded to plaintiff in the amount of Seven Thousand

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Dollars ($7,000.00) subject to, and in accordance with, the terms of the parties’ foregoing

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Stipulation.

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Dated: 6/12/18

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Hon. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE
-2STIPULATION AND PROPOSED ORDER FOR
AWARD UNDER EQUAL ACCESS TO JUSTICE ACT