Ashe v. Colvin

Filing 21

STIPULATION AND ORDER (granting 20 ). Signed by Judge Beth Labson Freeman on 8/2/2016. (blflc1S, COURT STAFF) (Filed on 8/2/2016)

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BRIAN STRETCH
United States Attorney
DEBORAH STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CASE NO.: 5:15-CV-6047-PSG

JULIE ASHE,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant,

STIPULATION AND PROPOSED ORDER

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IT IS HEREBY STIPULATED by and between the parties, through their assigned counsel,

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subject to the Court’s approval, that plaintiff be awarded attorney fees and expenses under the Equal

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Access to Justice Act, (EAJA) in the amount of TWO THOUSAND FIVE HUNDRED FIFTY-THREE

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DOILLARS AND SEVENTY-THREE CENTS ($2,553.73), and costs under 28 U.S.C. § 1920 in the

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amount of FOUR HUNDRED DOLLARS ($400.00). This amount represents compensation for all legal

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services counsel rendered on behalf of Plaintiff in connection with this civil action, in accordance with

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28 U.S.C. §§ 2412(d), 1920.

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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 Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 560

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

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any offset allowed under the United States Department of the Treasury’s Offset Program. After the order
for EAJA fees is entered, the government will determine whether they are subject to any offset.
Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury
determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of
fees approved to be made directly to Plaintiff’s counsel, pursuant to the assignment executed by
Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees
and does not constitute an admission of liability on the part of Defendant under EAJA. Payment of the
agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff may
have relating to EAJA attorney fees and expenses in connection with this action.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act
attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted,

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Dated: August 1, 2016

/s/ Andrew Shaffer
ANDREW K. SHAFFER (authorized by e-mail, 7/31/16)
Attorney for Plaintiff

Dated: August 1, 2016

BRIAN STRETCH
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney

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Attorneys for Defendant

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By:

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ORDER

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APPROVED AND SO ORDERED:
Dated: _____________

__________________________________
United States

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Judge