Azevedo v. Commissioner of Social Security

Filing 29

ORDER FOR THE AWARD OF ATTORNEYS FEES re 28 Motion for Attorney Fees signed by District Judge Anthony W. Ishii on 6/20/2013. (Lundstrom, T)

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Sengthiene Bosavanh, Esq. #249801
Milam Law, Inc.
330 N. Fulton Street
Fresno, CA 93701
[phone]
Fax: [phone]

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Attorney for Plaintiff, Frank Azevedo

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IN THE UNITED STATES DISTRICT COURT FOR

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THE EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION

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)
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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Commissioner of Social Security,
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Defendant.
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_________________________________)
FRANK AZEVEDO,

CIVIL NO. 1:11-cv-01341-AWI-SAB
PROPOSED ORDER FOR THE AWARD
OF ATTORNEYS’ FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412(d)

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This matter having come before the Court pursuant to Plaintiff’s timely application, and

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the Court having fully considered the matter, hereby finds (1) Plaintiff is a prevailing party; (2)

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Plaintiff meets the net worth requirements of 28 U.S.C. § 2412(b)(2)(B); (3) the “position of the

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United States” was not substantially justified; 4) there are no “special circumstances” that make

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an award unjust under 28 U.S.C. § 2412(d)(1)(A); (5) the requested hourly rate is appropriate;

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and (6) the hours claimed by Plaintiff’s attorneys reasonably were expended.

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PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) – Civil Action No. 1:11-cv-01341AWI-SAB – 1

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THEREFORE, IT IS HEREBY ORDERED, that Plaintiff is awarded attorneys’ fees in

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the amount of $10,022.29 and expenses in the amount of $81.10 under the Equal Access to

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Justice Act (EAJA), 28 U.S.C. § 2412(d), for a total amount of Ten Thousand, One Hundred

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Three Dollars and Thirty-Nine Cents ($10,103.39).

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees

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and expenses to be made directly to Sengthiene Bosavanh, pursuant to the assignment executed

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by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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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,
Dated: June 20, 2013

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ORDER

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By s/ Sengthiene Bosavanh
SENGTHIENE BOSAVANH
Attorney for Plaintiff, Frank Azevedo

IT IS SO ORDERED.
Dated:
0m8i78

June 20, 2013
SENIOR DISTRICT JUDGE

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PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) – Civil Action No. 1:11-cv-01341AWI-SAB – 2