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Kresge v. Berryhill

United States District Court, D. Nevada

August 7, 2017

MARSHA M. KRESGE, Plaintiff,
v.
NANCY A. BERRYHILL ACTING COMMISSIONER of Social Security, Defendant.

          JOSHUA R. HARRIS, ESQ. Nevada State Bar No. 9580 RICHARD HARRIS LAW FIRM Attorney for Plaintiff.

          ELLINOR CODER, ESQ. Special Assistant United States Attorney Of Attorneys for Defendant.

          HON. MIRANDA M. DU, UNITED STATES DISTRICT JUDGE

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

          HON. CAM FERENBACH, UNITED STATES MAGISTRATE JUDGE

         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 FIVE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS AND 60/100 ($5518.60) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d); and no costs or expenses. 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 $195.95 (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. The assignment is contained in the Client Fee Agreement, attached. 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.

         ORDER FOR EAJA FEES

         Based on the Motion being filed, it is hereby ORDERED that attorneys' fees in the amount of FIVE THOUSAND FIVE HUNDRED EIGHTEEN DOLLARS AND 60/100 ($5518.60), 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. There are no costs or expenses.

         FEDERAL COURT RETAINER AGREEMENT

         I employ Joshua 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 information 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 ...


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