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Beatty v. Acting Commissioner of Social Security

United States District Court, D. Nevada

February 27, 2017

RONALD SCOTT BEATTY, Plaintiff,
v.
ACTING COMMISSIONER of Social Security, Defendant.

          RICHARD A. HARRIS, ESQ., RICHARD HARRIS LAW FIRM Attorney for Plaintiff.

          JEFFREY T. CHEN, ESQ. Special Assistant United States Attorney, Of Attorneys for Defendant.

          STIPULATED MOTION FOR ATTORNEYS' FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT

          HON. RICHARD F. BOULWARE, II UNITED STATES DISTRICT COURT.

         IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of EIGHT THOUSAND TWO HUNDRED DOLLARS ($8200.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d); and costs of $400 for reimbursement of the filing fee to the court under 28 U.S.C. § 2412(a)(1) and 28 U.S.C. § 1920. See Docket #2, as follows: “ORDER Granting 1 Plaintiff's Motion/Application for Leave to Proceed in forma pauperis with the caveat that the fees shall be paid if recovery is made.” Id., emphasis added. The Government may reimburse the Court directly for the filing fee if a proper showing of payment is made to Plaintiff. This total amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 1920.

         To satisfy the requirements of the Equal Access to Justice Act, Plaintiff alleges that the position of Defendant was not substantially justified, that Plaintiff had a net worth of less than two million dollars at the time this civil action was filed, that Plaintiff's attorneys have expended at least 43 hours in connection with this matter, and that the current applicable EAJA hourly rate, as adjusted for inflation, is $192.68 (pursuant to the 9th Circuit Memorandum, available on the 9th Circuit website; see http://www.ca9.uscourts.gov/).

         After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider any assignment of EAJA fees to Richard Harris, Esq. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend on whether 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 Defendant will determine whether they are subject to any offset.

         If the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made directly to Richard Harris, Esq., pursuant to any assignment executed by Plaintiff. Any payments made shall be delivered to Richard Harris, Esq.

         This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and does not constitute an admission of liability on the part of Defendant.

         PROPOSED ORDER FOR EAJA FEES

         Based on the Motion being filed, it is hereby ORDERED that attorneys' fees and costs in the amount of EIGHT THOUSAND TWO HUNDRED EIGHTEEN DOLLARS AND 00/100 ($8200.00), pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412, shall be awarded to Plaintiff; made payable to and mailed to Plaintiffs attorney at the address above.

         FEDERAL COURT RETAINER AGREEMENT

         AGREE TO REPRESENTATION: I employ Richard Harris, Esq. as my Attorney in Federal Court in the Social Security Disability case. My attorney is authorized to file documents and act for me in all respects. I agree that another attorney may be employed or associated as co-counsel by RICHARD HARRIS LAW FIRM, and that any such attorney may assist in my representation in this matter, under the terms of the fee agreement which follows. My attorney is authorized to disclosed inforamtion in my file to other attorneys, representatives, or government officials with whom my attorneys deem it appropriate to confer regarding matters related to my case. If my attorneys procure a remand for another hearing, I understand that my representative who appeared at the Administrative hearing will continue to handle my case. I authorize my attorney to divide the work on my case with one or more additional attorneys, and to share fees among attorneys in a manner which shall be left to the sole discretion of the attorneys, so long as such fee sharing does not increase the total fee owed by me beyond the amount allowed by law. I understand the scope of my attorneys' practice currently is focused on Federal Court appeals, and if my attorney obtains an order sending my case back for another hearing, the original representative will continue representation at that administrative hearing.

         The scope of representation of this agreement is limited to the continuing appeal of one specific adverse determination or decision, made by the Social Security Administration, in my claim for Social Security Disability and/or SSI benefits. My attorneys have not agreed to represent or advise me with regard to any other claim. The representation herein may terminate, at the sole discretion of the attorney, at (or any time after) the time a decision is issued by a court or by the Social Security Administration.

         I agree to re-pay my attorneys all out of pocket expenses and costs, namely the 40.00 filing fee, incurred by my attorneys in pursing this claim even if my ...


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