(SS) Turner v. Commissioner of Social Security ( 2019 )

1 PETER E. BRIXIE, Bar #124186 Attorney at Law 2 410 Twelfth Street, Suite One Sacramento, CA 95814 3 Telephone: (916) 658-1880 Fax: (916) 658-1884 E-mail: peterbrixie@gmail.com 4 Attorney for TERRANCE TURNER 5 UNITED STATE DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 TERRANCE TURNER, No. 2:18-CV-01403-DB Plaintiff, 8 STIPULATION AND ORDER FOR 9 vs. PAYMENT OF PLAINTIFF’S ATTORNEY FEES 10 COMMISSIONER OF SOCIAL SECURITY, Defendant 11 To the honorable DEBORAH BARNES, it is hereby stipulated by and between the 12 parties through their undersigned counsel, subject to the approval of the Court, that TERRANCE 13 TURNER be awarded attorney fees and expenses in the amount of $5700.00 under the Equal 14 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 15 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 16 accordance with 28 U.S.C. §§ 1920; 2412(d). After the Court issues an order for EAJA fees to TERRANCE TURNER, the 17 government will consider the matter of assignment of EAJA fees to PETER BRIXIE. The 18 retainer agreement containing the assignment is attached as exhibit 1. Pursuant to Astrue v. 19 Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether 20 the fees are subject to 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 21 whether they are subject to any offset. 22 Fees shall be made payable to TERRANCE TURNER, but if the Department of the 23 Treasury determines that TERRANCE TURNER does not owe a federal debt, then the 24 government shall cause the payment of fees, expenses and costs to be made directly to PETER BRIXIE pursuant to the assignment executed by TERRANCE TURNER Any payments made 25 shall be delivered to PETER BRIXIE 1 This stipulation constitutes a compromise settlement of TERRANCE TURNER vs. 2 COMMISSIONER OF SOCIAL SECURITY request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 3 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, 4 any and all claims that TERRANCE TURNER may have relating to EAJA attorney fees in 5 connection with this action. This award is without prejudice to the rights of PETER BRIXIE to 6 seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 7 Respectfully submitted, 8 Dated: October 23, 2019 By: /s/ Peter Brixie 9 PETER E. BRIXIE Attorney at Law 10 Attorney for Plaintiff 11 Dated: October 23, 2019 /s/Margaret Branick-Abilla 12 MARGARET BRANICK-ABILLA Special Assistant United States Attorney 13 Attorneys for Defendant 14 ORDER 15 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 16 DATED: October 23, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25