Azevedo v. Commissioner of Social Security

Filing 38

ORDER requiring petitioner to file supplemental briefing. Signed by Magistrate Judge Stanley A. Boone on 11/1/2013. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK AZEVEDO,

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Plaintiff,

Case No. 1:11-cv-01341-AWI-SAB
ORDER REQUIRING PETITIONER TO FILE
SUPPLEMENTAL BRIEFING

v.
(ECF No. 36)

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COMMISSIONER OF SOCIAL
SECURITY,

FOURTEEN DAY DEADLINE

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Defendant.
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Petitioner Sengthiene Bosavanh (“Counsel”), attorney for Plaintiff Frank Azevedo
(“Plaintiff”), filed the instant motion for attorney fees on September 30, 2013. Counsel requests
fees in the amount of $17,893.75 pursuant to 42 U.S.C. § 406(b)(1).
In the motion, Petitioner argues that the prior award of fees and costs under the Equal
Access to Justice Act (“EAJA”) were withheld to pay a Federal lien because of an overpayment
due the Social Security Administration.

(Motion for Attorney Fees 1 n.1, ECF No. 36.)

Petitioner is requesting that the award of fees pursuant to 42 U.S.C. 406(b) not be offset by the
amount of EAJA fees awarded. However, Petitioner has failed to present any evidence that the
EAJA fees were withheld.
Accordingly, IT IS HEREBY ORDERED that within fourteen days from the date of
service of this order, Petitioner shall file supplemental briefing providing the Court with evidence

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that the EAJA fees were withheld or, in the alternative, withdraw the request that the EAJA fees

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be offset.

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IT IS SO ORDERED.

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Dated:
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November 1, 2013

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UNITED STATES MAGISTRATE JUDGE

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