Haworth v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER Settling Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Signed by Magistrate Judge Dennis L. Beck on 12/22/2010. (Arellano, S.)

(SS) Haworth v. Commissioner of Social Security

Doc. 22

BENJAMIN B. WAGNER 1 2 3 4 5 6 7 8 9 FRESNO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1Under the EAJA, a "prevailing party" must file an application for attorney fees "within thirty days of
final judgment." 28 U.S.C. § 2412(d)(1)(A), (B); see also Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002). The Commissioner has waived the defense of timeliness in this case. Waiver applies to in this case only and should not be construed as an intent to agree to waiver in any other case. v. M IC H A E L J. ASTRUE, Commissioner of Social Security, D e fe n d a n t . U n ite d States Attorney LU C ILLE GONZALES MEIS R e gio n a l Chief Counsel, Region IX, Social Security Administration S H E A LITA BOND, SBN D.C. 469103 S p e c ia l Assistant United States Attorney 3 3 3 Market Street, Suite 1500 S a n Francisco, California 94105 T e le p h o n e : [phone] F a c s im ile : [phone] S h e a .B o n d @ s s a .go v A tto rn e ys for Defendant U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

SHELLY HAWORTH,
P l a i n t i ff,

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C a s e No. 1:08-cv-01276-DLB

STIPULATION AND PROPOSED ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel that, subject to the approval of the Court, Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TWO THOUSAND dollars and 00/100 cents ($2,000.00).1 This 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). 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 under the

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EAJA. Payment of TWO THOUSAND dollars and 00/100 cents ($2,000.00) in EAJA attorney 1 2 3 4 5 6 7 8 9 10 Dated: December 17, 2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2IT IS SO ORDERED. Dated: 3b142a /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant U.S. Attorney Attorneys for Defendant ORDER BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration Dated: December 17, 2010 /s/ Sengthiene Bosavanh (As authorized via email) SENGTHIENE BOSAVANH Attorney for Plaintiff fees, shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action. Any payment shall be delivered to Plaintiff's counsel. This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. Respectfully submitted,

December 22, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE