(SS) Wentz v. Commissioner of Social Security ( 2020 )

1 MELISSA NYMAN (CA 293207) 3009 Douglas Boulevard, Ste. 200 2 Roseville, CA 95661 3 Phone: (877) 529-4773 Fax: (916) 218-4341 4 Email: Melissa Nyman@NymanTurkish.com 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 ROCIO WENTZ, Case No.: 2:19-cv-01531-AC 8 Plaintiff, 9 JOINT STIPULATION AND ORDER FOR vs. 10 AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO 11 COMMISSIONER OF SOCIAL SECURITY, JUSTICE ACT 12 Defendant 13 14 Plaintiff, Rocio Wentz, by Melissa Nyman, her undersigned attorney and Defendant, 15 Andrew Saul, Commissioner of Social Security, by and through his undersigned attorney, 16 McGregor W. Scott, United States Attorney, jointly stipulate and petition this Court to enter an 17 order awarding attorney fees and expenses in the total amount of $4951.53, in full satisfaction 18 and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act 19 20 (“EAJA”), 28 U.S.C § 2412. The award of attorney fees will satisfy all of Plaintiff’s claims 21 under 28 U.S.C. § 2412 in this case. The parties further agree that Plaintiff is entitled to $400.00 22 in costs, to be paid from the Department of the Treasury’s Judgment Fund. 23 Any fees paid belong to Plaintiff, and not to her attorney, and may be offset to satisfy any 24 pre-existing debt that Plaintiff owes the United States under Astrue v. Ratliff, 560 U.S. 586 25 26 (2010). After the Court enters this award, if counsel for the Defendant can verify that Plaintiff 27 JOINT STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL 28 ACCESS TO JUSTICE ACT – CASE NO. 19-01531 -1- 1 owes no pre-existing debt subject to the offset, Defendant will direct that the award be made 2 payable to Plaintiff’s attorney pursuant to the EAJA assignment duly signed by Plaintiff and 3 counsel. 4 Wherefore, Plaintiff and Defendant move the Court to accept this joint stipulation and 5 6 enter an order awarding Plaintiff EAJA fees in the amount of $4951.53 and costs in the amount 7 of $400. 8 Dated: October 7, 2020 9 Respectfully submitted, 10 McGREGOR W. SCOTT 11 United States Attorney 12 /s/ Melissa Nyman /s/ Daniel P. Talbert * 13 Melissa Nyman Daniel P. Talbert Attorney for Plaintiff Special Assistant United States Attorney 14 Nyman Turkish PC Attorneys for Defendant 15 3009 Douglas Boulevard Office of the General Counsel, Region IX Suite 200 Social Security Administration 16 Roseville, CA 95661 160 Spear Street, Ste. 800 Phone: (877) 529-4773 San Francisco, CA 94105 17 e-mail: Melissa Nyman @ Phone: (415) 977-8995 18 NymanTurkish.com Email: Daniel.Talbert@ssa.gov 19 [*As authorized by email on October 6, 2020] 20 21 22 23 24 25 26 27 JOINT STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL 28 ACCESS TO JUSTICE ACT – CASE NO. 19-01531 -2- ——e———e EE IE OSI NR OS SIE III RE OSI OSE I ED EE 1 5 ORDER 3 Pursuant to stipulation, IT IS SO ORDERED. 4 > Dated: October 14, 2020 A / ~ 6 Athen ALLISON CLAIRE 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g JOINT STIPULATION AND ORDER FOR AN AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT — CASE NO. 19-01531 3