Adayan v. Commissioner of Social Security

Filing 17

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 12/21/2010. (Herman, H)

(SS) Adayan v. Commissioner of Social Security

Doc. 17

1 Sengthiene Bosavanh, Esq. #249801 Milam Law 2 948 11th Street, Suite 17 3 Modesto, California 95354 4 [phone] Fax: [phone] Attorney for Plaintiff, Rebecca Adayan 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees to Plainfiff's attorney. Pursuant to Astrue v. Ratliff, S.Ct. -, 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they 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 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of ONE THOUSAND SIX HUNDRED DOLLARS AND 00 CENTS ($1,600.00). 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). UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION REBECCA ADAYAN, ) Case No. 1:10-CV-01282-SMS Plaintiff, ) v. ) STIPULATION AND ORDER FOR MICHAEL J. ASTRUE, ) THE AWARD OF ATTORNEY'S FEES Commissioner of Social Security, ) PURSUANT TO THE EQUAL ACCESS TO Defendant. ) JUSTICE ACT, 28 U.S.C § 2412(d) )

28 Stip. & Prop. Order for Attorney's Fees 1

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1 are subject to any offset. 2 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and 5 costs to be made directly to Plaintiff's counsel, Sengthiene Bosavanh, pursuant to the assignment 6 executed by Plaintiff. The payment shall be made and delivered to Plaintiff's counsel at 19372 Buck 7 Ridge Road, Grass Valley, CA 95949. 8 9 This stipulation constitutes a compromise settlement of Plaitiff's request for EAJA attorney fees,

10 and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of 11 the agreed amount shall constitute a complete release form, and bar to, any and all claims that Plaintiff 12 and/or Plaintiff's counsel may have relating to EAJA attorney fees in connection with this action. 13 14 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act

15 attorney fees under 42 U.S.C. § 406, subject to provisions of the EAJA. 16 17 Respectfully submitted December 15, 2010. 18 Dated: December 15, 2010 19 20 21 22 23 24 25 26 27 By s/ Timothy R. Bolin TIMOTHY R. BOLIN (Authorized by Email) Special Assistant U.S. Attorney Attorneys for Defendant Dated: December 15, 2010 BENJAMIN B. WAGNER United States Attorney Sengthiene Bosvanh SENGTHIENE BOSAVANH Attorney for Plaintiff

28 Stip. & Prop. Order for Attorney's Fees 2

1 2 3 4 5 IT IS SO ORDERED. December 21, 2010 6 Dated: icido3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. & Prop. Order for Attorney's Fees 3 ORDER

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE