Joyce v. Berryhill ( 2020 )

Brian A. Barboza Esq. SBN 257423 1 Law Offices of Brian A. Barboza 2 141 Stony Circle, suite 221 Santa Rosa, CA 95401 3 Telephone: (707) 527-8553 Facsimile: (707) 543-1304 4 5 Attorney for Plaintiff Derick M. Joyce 6 UNITED STATES DISTRICT COURT 7 8 NORTHERN DISTRICT OF CALIFORNIA 9 DERICK MICHAEL JOYCE Case No. 3:19-cv-01374-SK 10 Plaintiff, 11 v. STIPULATION AND [PROPOSED] ORDER 12 FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES 13 ANDREW SAUL, Commissioner of the PURSUANT TO THE EQUAL ACCESS TO 14 Social Security Administration JUSTICE ACT, 28 U.S.C. § 2412(d) 15 Defendant. 16 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Derick Michael Joyce be awarded attorney fees 20 in the amount of Four Thousand Five Hundred Dollars $4,500.00 under the Equal Access to Justice 21 Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services and 22 23 costs rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 24 with 28 U.S.C. §§ 1920; 2412(d). 25 After the Court issues an order for EAJA fees and costs to Derick Michael Joyce, the 26 government will consider the matter of Derick Michael Joyce’s assignment of EAJA fees to his 27 attorney Brian A. Barboza. The retainer ag reement containing the assignment is attached as 28 1 Exhibit 1. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), 1 2 the ability to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of Treasury’s Offset Program. After the order for 4 EAJA fees is entered, the government will determine whether they are subject to any offset. 5 Fees shall be made payable to Derick Michael Joyce, but if the Department of the Treasury 6 determines that Derick Michael Joyce does not owe a federal debt, then the government shall cause 7 8 the payment of fees, expenses, and costs to be made directly to Brian A. Barboza, pursuant to the 9 assignment executed by Derick Michael Joyce. Any payments shall be delivered to Brian A. 10 Barboza. 11 This stipulation constitutes a compromise settlement of Derick Michael Joyce request for 12 EAJA attorney fees and costs, and does not constitute an admission of liability on the part of 13 14 Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete 15 release from, and bar to, any and all claims that Derick Michael Joyce and or Brian A. Barboza 16 and his firm may have relating to EAJA attorney fees and costs in connection with this action. 17 18 Respectfully submitted, 19 20 Dated: _1_0_/2_6_/_2_0_2_0__ /S/ Brian A. Barboza Brian Barboza 21 Attorney for Plaintiff 22 23 DAVID L. ANDERSON United States Attorney 24 Dated: _1_0_/2_6_/_2_0_2_0_____ By: _/S_/_ M__i_c_h_a_el_ _K_. _M__a_rr_i_o_t_______ 25 Michael K. Marriot (Authorization 26 to submit with electronic signature given via email 10/26/2020) 27 Special Assistant U.S. Attorney Attorneys for Defendant 28 2 1 2 ORDER 3 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 4 5 6 DATED: _____________________________________ HON. SALLIE KIM 7 United State Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 EXHIBIT 1 (FEDERAL COURT / EAJA FEE AGREEMENT) BRIAN A. BARBOZA 141 Stony Circle, Suite 221 Santa Rosa, Ca, 95401 . Phone (707) 527-8553 Facsimile (707) 543-1304 E-Mail bbarboza @barbozaesq.com PLEASE READ CAREFULLY FEE AGREEMENT—FEDERAL COURT SSI/SOCIAL SECURITY DISABILITY | Derick Michael Joyce hereby employ BRIAN A. BARBOZA to represent me in federal court review of my SSU/SOCIAL SECURITY DISABILITY case. | agree that my attorney shall charge and receive as the fee an amount equal to twenty-five percent (25%) of the past-due benefits that are awarded to my family and me in the event my case is won, My attorney may retairi associate or outside counsel. if associate or outside counsel is retained, that will not increase the amount of my fee, In addition fo the fee, | agree to pay my aitomey’s reasonable out-of-pocket expenses that are incurred in representing me. Such expenses may include federal court filing fees, computerized legal research services, long distance telephone calls, long distance fax transmissions, medical reporis, expert witness fees, transcript preparation charges, photocopying, postage, and travel. | will receive an itemized bilt for these expenses. | understand that | will have to pay these expensés whether | win or lose my case; however, ihe fee that must pay my attomey is based on winning my case. | will not be charged a fee if | do not receive past-due benefits. My attorney has explained to me that it is the law that the attorney fee must be approved by the federal court for representation in federal court and by the Social Security Administration for representation before the Soctal Security Administration. | understand that the total fee could amount to many thousands of dollars or many hundreds of dollars per hour on an hourly basis; | understand that my attorney is accepting my case because of the possibility of obtaining substanilal fees. | agree to cooperate in any way that | can so that my attorney's full fee is authorized. | understand that my attorney may seek the ‘maximum fee this contract allows under the law. My attorney does not promise to minimize either the attorney fee he receives or that i pay under this contract, . i understand that sometimes a court will order the government to pay attormey fees _p ant to ihe Equal Access to Justice Act (EAJA his happens my attorney receives an EAJA check made payable ic me, | hereby explicitly give authority to my attorney to endorse the check with my name and deposit it in my attorney's general office account. It is possible that | will not pay any attorney fee out of my past-due benefiis for my attorney's work on my behalf in court, but rather my attomey will receive the EAJA award as his or her sole compensation for representing me in court. However, my attorney has the right under this contract to ask the court to award much as 25% of my pasi-due benefits for representing me in court. If the court awards an attorney fee out of my past-due benefits and also awards an EAJA fee for that same work, my attorney must refund to me the smaller fee. In no case will the fee that comes out of the back benefits paid on my account be greater than 25% of back benefits (including the fee paid for work on my case before the Social Security Administration). | understand that the Social Security Administration will hold out 25% of the past-due benefits and send the approved fee to my attorney. My attorney has not promised that 1 will win my case. | recognize that | may lose my case. My attorney has informed me that a court may take many months and as much as several years to decide my case. This agreement terminates at the option of my attorney if we lose in the federai district court. My attorney wili mail me at my last known address a copy court’s final decision in my case. This agreement is in addition to any previous fee agreement | have signed with my attorney jor representation before the Social Security Administration. Signature 8 Date . 9125 Sociai Security Number ACCEPTED AND APPROVED FOR THE LAW FIRM: ignatur □ Date ; .