PIN v. COMMISSIONER OF SOCIAL SECURITY

Case No. 2:15-cv-02450-EFB.

NUTH PHEAKDEY PIN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, E.D. California, Sacramento Branch.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Nuth Pheakdey Pin, Plaintiff, represented by Linda Susan Ziskin , Ziskin Law Office.

Nuth Pheakdey Pin, Plaintiff, represented by Shellie Lott , Cerney Kreuze & Lott, LLP.

Commissioner of Social Security, Defendant, represented by Chantal Jenkins , Social Security Administration Office Of General Counsel & Bobbie J. Montoya , United States Attorney's Office.


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

EDMUND F. BRENNAN, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the EAJA in the amount of SEVEN THOUSAND TWO HUNDRED FIFTY-TWO DOLLARS AND 99 CENTS ($7252.99). This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.

After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees and expenses are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses 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, expenses and costs to be made directly to Plaintiff's attorney, Shellie Lott, at the law firm of Cerney, Kreuze and Lott, LLP, as captioned above, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered directly to Plaintiff's attorney at the address above.

This stipulation constitutes full settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel 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.

ORDER

Pursuant to the stipulation, plaintiff is awarded attorney fees under the EAJA in the amount of $7252.99.

So Ordered.


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