Medina-Herrera v. Commissioner of Social Security

Filing 24

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 Dennis L. Beck on 12/22/2010. (Arellano, S.)

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(SS) Medina-Herrera v. Commissioner of Social Security Doc. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. 1:09-CV-01769-DLB STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) FERNANDO MEDINA-HERRERA,) 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 FOUR THOUSAND 21 SIX HUNDRED FIFTY DOLLARS AND 00 CENTS ($4,650.00). 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, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees 28 Stip. & Prop. Order for Attorney's Fees 1 1 are subject to any offset allowed under the United States Department of the Treasury's Offset 2 3 4 5 are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines Program. After the order for EAJA fees is entered, the government will determine whether they 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 7 8 9 10 by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA be made directly to Plaintiff's counsel, Sengthiene Bosavanh, pursuant to the assignment executed 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 Respectfully submitted December 21, 2010. s/ Sengthiene Bosavanh (As authorized by email) SENGTHIENE BOSAVANH Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant 28 Stip. & Prop. Order for Attorney's Fees 2 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. 20 Dated: December 21, 2010 21 22 23 Date: December 21, 2010 24 25 26 27 1 2 3 4 IT IS SO ORDERED. ORDER Dated: 5 3b142a 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 December 22, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE Stip. & Prop. Order for Attorney's Fees 3

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