Young v. Colvin

Northern District of California, cand-4:2015-cv-01029

STIPULATION AND ORDER re {{26}} STIPULATION WITH PROPOSED ORDER for the Award of Attorney's Fees Pursuant to EAJA filed by Marian Betty Young, Nancy A. Berryhill. Signed by Magistrate Judge Kandis A. Westmore on 4/26/17.

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David J. Linden 1 Attorney at Law CSBN 41221 2 Post Office Box 5780 Napa, CA 94581-0780 3 Tel. (707) 252-7007 Fax. (707) 252-7883 4 Email - david@lindenlaw.net 5 Attorney for Plaintiff 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10) Case No.: 4:15-cv-01029-KAW MARIAN BETTY YOUNG,) 11) STIPULATION AND PROPOSED ORDER FOR THE Plaintiff,) AWARD OF ATTORNEY'S FEES PURSUANT TO 12) THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. vs.) § 2412(D) 13 NANCY A. BERRYHILL, Acting Commissioner of) Social Security,) 14)) 15 Defendant.)) 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to 18 the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of eleven thousand two hundred 19 sixty dollars ($11,260.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 20 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil 21 action, in accordance with 28 U.S.C. §§ 2412(d); 1920. 22 After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any assignment of 23 EAJA fees to David J. Linden. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor 24 any such assignment will depend on whether the fees are subject to any offset allowed under the United States 25 YOUNG v. BERRYHILL, Acting COSS, STIPULATION AND PROPOSED ORDER RE E.A.J.A. FEES Page 1 1 Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will 2 determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe 4 a federal debt, then the government shall cause the payment of fees to be made directly to David J. Linden, pursuant 5 to any assignment executed by Plaintiff. Any payments made shall be delivered to David J. Linden. 6 7 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and does not 8 constitute an admission of liability on the part of Defendant. This award is without prejudice to the rights of 9 Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the 10 EAJA. 11 Dated: April 27, 2017 /s/ David J. Linden DAVID J. LINDEN 12 Attorney for Plaintiff 13 Dated: April 27, 2017 BRIAN STRETCH 14 United States Attorney 15 By /s/ Paul Sachelari PAUL SACHELARI 16 (as authorized by email on 04/25/2017) Special Assistant US Attorney 17 Attorneys for Defendant 18 19 ORDER 20 PURSUANT TO STIPULATION, IT IS SO ORDERED: 21 22 23 4/26/17 Dated:_________________________ ______________________________________ 24 KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 25 YOUNG v. BERRYHILL, Acting COSS, STIPULATION AND PROPOSED ORDER RE E.A.J.A. FEES Page 2