Sourinhamet v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER for the Award of Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d), signed by Magistrate Judge Sandra M. Snyder on 8/25/2010. (Herman, H)

(SS) Sourinhamet v. Commissioner of Social Security

Doc. 19

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration KATHRYN R. WATSON Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. 1:09-CV-00191-SMS STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

MOUCK SOURINHAMET, ) Plaintiff, ) v. ) 14 MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) 15 Defendant. ) 16 ______________________________) 17 18 19

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

20 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of ONE THOUSAND 21 AND SEVEN HUNDRED DOLLARS AND 00 CENTS ($1,700.00). This amount represents 22 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 23 this civil action, in accordance with 28 U.S.C. § 2412(d). 24 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider

26 the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v. 27 Ratliff, - S.Ct. - , 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment will 28 1

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1 depend on whether the fees are subject to any offset allowed under the United States Department 2 3 4 5 determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will

6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 8 9 10 the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA expenses and costs to be made directly to Plaintiff's counsel, Robert D. Christenson, pursuant to

11 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 12 13 14 and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees in EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

15 connection with this action. 16 // 17 18 19 // //

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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, Dated: August 25, 2010 s/ Robert D. Christenson (As authorized by email) ROBERT D. CHRISTENSON Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney By s/ Kathryn R. Watson KATHRYN R. WATSON Special Assistant U. S. Attorney Attorneys for Defendant

Date: August 25, 2010

ORDER

18 IT IS SO ORDERED. 19 Dated: 20 icido3 21 22 23 24 25 26 27 28 3 August 25, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE