Lutz v. Astrue

Filing 36

ORDER that the parties' 35 Stipulation for Award of EAJA Fees is GRANTED. EAJA fees are hereby awarded to Plaintiff in the amount of Seven Thousand Five Hundred Dollars and 00/100 ($7,500.00) subject to the terms of the parties' stipulation. ORDERED that Plaintiff's 32 Motion for Attorney Fees is DENIED as moot. Signed by Magistrate Judge Lawrence O Anderson on 6/12/2014. (LFIG)

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA
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Janice L. Lutz,

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Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
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of Social Security Administration,
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Defendant.
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No. CV-12-2487-PHX-LOA
ORDER

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This case arises on the parties’ Joint Stipulation to Attorney Fees Under the

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Equal Access to Justice Act, requesting an order approving a stipulated amount of

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attorney’s fees to Plaintiff under the Equal Access to Justice Act (“EAJA”), 28 U.S.C.

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§ 2412(d). (Doc. 35) The stipulated amount of $7,500.00 represents compensation for

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all legal services rendered on behalf of Plaintiff by her counsel in connection with this

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Social Security action, in accordance with 28 U.S.C. §§ 1920, 2412(d). (Id.)

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This award is without prejudice to Plaintiff’s right to seek attorney fees under

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section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset

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provisions of the EAJA. However, this award shall constitute a complete release from

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and bar to any and all claims Plaintiff may have relating to EAJA fees and expenses in

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connection with this action. Further, such award shall not be used as precedent in any

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future cases, nor be construed as a concession by the Commissioner that the original

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administrative decision denying benefits to Plaintiff was not substantially justified.

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Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by

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this Court belong to the Plaintiff and are subject to offset under the Treasury Offset

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Program, 31 U.S.C. § 3716(c)(3)(B) (2006). The Court orders that the EAJA fees be
paid to Plaintiff and delivered to Plaintiff at the following address:

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Janice Lutz
910 North Center, Apt. 17
Mesa, AZ 85201

Based upon the parties’ Stipulation for Award of EAJA Fees, doc. 35, and good
cause appearing,

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IT IS ORDERED that the parties’ Stipulation for Award of EAJA Fees, doc.

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35, is GRANTED. EAJA fees are hereby awarded to Plaintiff in the amount of Seven

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Thousand Five Hundred Dollars and 00/100 ($7,500.00) subject to the terms of the

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parties’ stipulation.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees
Pursuant to The Equal Access to Justice Act, doc. 32, is DENIED as moot.
Dated this 12th day of June, 2014.

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