(SS) Patterson v. Commissioner of Social Security

1 Josephine M. Gerrard (CBN 303221) Gerrard Law PC 2 1791 Solano Avenue, Suite F01 3 Berkeley, California 94707 Tel: (510) 838-0529 4 Fax: (510) 280-1635 5 jo@gerrardlawoffices.com Attorney for the Plaintiff, Natisha Charrmaine Patterson 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 NATISHA CHARRMAINE PATTERSON, Case No. 2:25-cv-02728-SCR 11 Plaintiff, 12 [PROPOSED] AMENDED ORDER v. 13 GRANTING JOINT STIPULATION FOR ATTORNEY'S FEES PURSUANT TO THE 14 FRANK BISIGNANO, EQUAL ACCESS TO JUSTICE ACT (28 Commissioner of Social Security, U.S.C. § 2412(d)) 15 16 Defendant. 17 18 19 20 21 [PROPOSED] AMENDED ORDER 22 The Court, having considered Plaintiff’s Motion to Amend the Order Granting Attorney’s 23 Fees Under the Equal Access to Justice Act, the parties’ Joint Stipulation filed May 7, 2026, and 24 the record in this matter, and good cause appearing therefore: 25 26 27 AMENDED ORDER GRANTING JOINT STIPULATION FOR ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (28 28 U.S.C. § 2412(D)) - 1 ene I I IEE II IID IE IE IES 1 || IT IS HEREBY ORDERED that: The Order entered May 19, 2026 (ECF No. 18), is hereby AMENDED pursuant to Federal 3 || Rule of Civil Procedure 60({a) to correct a clerical error in the awarded amount. 4|| 2. Plaintiff is awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 5 || 2412(d), in the amount of NINE THOUSAND FIVE HUNDRED DOLLARS ($9,500.00), and no costs 6 || under 28 U.S.C. § 1920, in conformity with the parties’ Joint Stipulation. 7||3. previous Order awarding $12,000.00 is hereby VACATED and superseded by this Order. g || 4 Consistent with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA fees shall be payable to 9 Plaintiff and subject to any offset allowed under the U.S. Department of the Treasury’s Offset 10 Program. If the Department of the Treasury determines that Plaintiff does not owe a federal debt, the government shall cause the payment of fees to be made directly to Josephine M. Gerrard, pursuant to the assignment executed by Plaintiff. Payment shall be delivered by electronic fund transfer (EFT) or by check. 5. The award is without prejudice to the rights of Josephine M. Gerrard or Gerrard Law Offices to seek Social Security Act attorney’s fees under 42 U.S.C. § 406(b), subject to the savings-clause provisions of the EAJA. The EAJA award shall be deducted from any future 42 '6 U.S.C. § 406(b) motion for attorney’s fees. 17 || IT IS SO ORDERED. 19 20 || Dated May 20, 2026 22 SEAN C. RIORDAN 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 AMENDED ORDER GRANTING JOINT STIPULATION FOR ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (28 u.s.c.§ 2412(D)) -1