Dixon v. Berryhill

Filing 28

ORDER by Judge Haywood S. Gilliam, Jr. Granting 27 Stipulation for Award and Payment of Attorney Fees. (ndrS, COURT STAFF) (Filed on 11/19/2019)

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DAVID L. ANDERSON, CSBN 149604
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRANCE DIXON,

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Plaintiff,

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vs.

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ANDREW SAUL,
Commissioner of Social Security,1
Defendant.

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Case no. 4:18-cv-03483-HSG
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)

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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
4:18-cv-03483-HSG
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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 Terrance Dixon (Plaintiff) be awarded attorney fees in
the amount of FIVE THOUSAND, SIX HUNDRED DOLLARS AND ZERO CENTS ($5,600.00)
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this

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civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the

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matter of Plaintiff’s assignment of EAJA fees to Homeless Action Center. Pursuant to Astrue v. Ratliff,

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

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subject to any offset allowed under the United States Department of the Treasury’s Offset Program.

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After the order for EAJA fees is entered, the government will determine whether the fees are subject to

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offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

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Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made

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directly to Homeless Action Center, pursuant to the assignment executed by Plaintiff. Any payments

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made shall be delivered to Homeless Action Center.

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

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

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otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and

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all claims that Plaintiff and/or counsel including Homeless Action Center may have relating to EAJA

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attorney fees in connection with this action.

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Stipulation
4:18-cv-03483-HSG
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This award is without prejudice to the rights of counsel and/or Homeless Action Center 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: November 18, 2019

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HOMELESS ACTION CENTER
By:

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/s/ Suzanne Zalev*
SUZANNE ZALEV
Attorneys for Plaintiff
[*As authorized by email on Nov. 15, 2019]

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Dated: November 18, 2019

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DAVID L. ANDERSON
United States Attorney
By:

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

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ORDER
Pursuant to stipulation, IT IS SO ORDERED.

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Dated:

11/19/2019

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HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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Stipulation
4:18-cv-03483-HSG
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