Eoff v. Berryhill
Eoff v. Berryhill
Trial Court Opinion
1 || JOHN C. BOYDEN, ESQ. (SBN 3917) 2 || ERICKSON, THORPE & SWAINSTON, LTD. P.O. Box 3559 3 || Reno, NV 89505 (775) 786-3930 4 || Attorneys for Plaintiff 5 IN THE UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 || BARBARA JO EOFF, 8 Plaintiff, CASENO: = 3:19-cv-00174-MMD-CBC 9 |] vs, 10 |] NANCY A. BERR YHILL, STIPULATION AND ORDER FOR Commissioner of Social Security, EAJA FEES 11 Defendant. 12 / 13 Plaintiff and Defendant, acting by and through their undersigned counsel, hereby stipulate || and agree, that Plaintiff's counsel has incurred attorneys’ fees in the amount of $2,500.00 for 15 || preparation of the Motion for Remand, and costs incurred in the amount of $419.05, for a total of 16 || $2,919.05, regarding the above-referenced matter. Therefore, pursuant to the Equal Access to Justice 17 || Act,
28 U.S.C. § 2412, these attorney’s fees and costs are to be awarded to Plaintiff in the amount 18 || of $2,919.05, and payment made payable to, and mailed to, Plaintiffs attorney, John C. Boyden, Esq. 19 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider the 20 || matter of Plaintiffs assignment of EAJA fees to John C. Boyden, Esq. Pursuant to Astrue v. Ratliff, 21 ||
130 S.Ct. 2521, 2529(2010), the ability to honor the assignment will depend on whether the fees are 22 || subject to any offset allowed under the United States Department of the Treasury’s Offset Program. 23 || After the Order for EAJA fees is entered, the government will determine whether they are subject 24 || to any offset. 25 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 26 || Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 27 || and costs to be made directly to John C. Boyden, Esq., pursuant to the assignment executed by 28 || Plaintiff. Any payments made shall be mailed to John C. Boyden, Esq., at Erickson, Thorpe & Thorpe Led. 3559 89505
1 || Swainston, Ltd., P.O. Box 3559, Reno, NV 89505. 2 DATED this__ day of January, 2020. 3 ERICKSON, THORPE & SWAINSTON, LTD. P.O. Box 3559 4 Reno, NV 89505 6 BY: /s/ John C. Boyden JOHN C. BOYDEN, ESQ. 7 Attorneys for Plaintiff 8 DATED this day of January, 2020. 9 UNITED STATES ATTORNEY Assistant Regional Counsel 10 Social Security Administration 160 Spear Street, Suite 800 11 San Francisco, CA 94105 12 BY: /s/ Jeffrey Chen 13 JEFFREY CHEN, ESQ. Attorneys for Defendant 14 15 He oe oe Ek oe 16 ORDER 17 Having considered the within Stipulation for EAJA Fees, and good cause appearing, 18 IT IS HEREBY ORDERED that attorney’s fees and costs are to be awarded to Plaintiff in 19 || the amount of $2,919.05, and payment made payable to, and mailed to, Plaintiff’s attorney, John C. 20 || Boyden, Esq., of Erickson, Thorpe & Swainston, Ltd., P.O. Box 3559, Reno, NV 89505. 21 DATED this 30th day of January , 2020. 22 23 ee. 24 Z {ShQ— UNITED STATES DISTRICT JUDGE 25 26 27 28 Thorpe Led. 3559 89505 86-3930 -2-
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