Abraham Chapa, III v. Commissioner of Social Security

Filing 31

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 Gary S. Austin on 2/14/2012. (Bradley, A)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX,
Social Security Administration
THEOPHOUS H. REAGANS CSBN 189450
Special Assistant United States Attorney

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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT,

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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ABRAHAM CHAPA III,

CASE NO. 1:10-CV-01956-GSA

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE,
Commissioner of Social Security,

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

Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND

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NINE HUNDRED DOLLARS ($5,900.00). This amount represents compensation for all legal

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services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. § 2412(d).

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After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the

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government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and

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costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to

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honor the assignment will depend on whether the fees, expenses and costs are subject to any

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offset allowed under the United States Department of the Treasury's Offset Program. After the

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order for EAJA fees, expenses and costs is entered, the government will determine whether they

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are subject to any offset.

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Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the

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Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause

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the payment of fees, expenses and costs to be made directly to Harvey P. Sackett, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
attorney fees, expenses and costs, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses and costs in connection with this action.

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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.

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Respectfully submitted,

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Dated: February 13, 2012

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/s/ Harvey P. Sackett
HARVEY P. SACKETT,
Attorney for Plaintiff
[as authorized by email]

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Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice

Act, 28 U.S.C. § 2412(d)

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Dated: February 13, 2012

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:
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/s/ Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant U.S. Attorney

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Attorneys for Defendant
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ORDER

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The foregoing stipulation, filed with this Court on February 13, 2012, is HEREBY

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adopted and approved.

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IT IS SO ORDERED.
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Dated:
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February 14, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice

Act, 28 U.S.C. § 2412(d)