Deborah Randall v. Commissioner of Social Security

Filing 22

Stipulation and ORDER Approving Settlement of Attorney Fees Pursuant to the Equal Access to Justice Act, signed by Magistrate Judge Dennis L. Beck on 12/11/12. (Verduzco, M)

1
2

UNITED STATES DISTRICT COURT

3

EASTERN DISTRICT OF CALIFORNIA

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DEBORAH RANDALL,

)
)
1:11cv01528 LJO DLB
Plaintiff,
)
)
v.
)
STIPULATION AND ORDER APPROVING
)
SETTLEMENT OF ATTORNEY FEES
MICHAEL J. ASTRUE,
)
PURSUANT TO THE EQUAL ACCESS TO
Commissioner of
)
JUSTICE ACT
Social Security,
)
)
Defendant.
)
_________________________________)
IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel,
subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND, FIVE-HUNDRED DOLLARS
AND ZERO CENTS ($6,500.00). 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).
After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant
to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend
on whether the fees and expenses are subject to any offset allowed under the United States Department
of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the
government will determine whether they are subject to any offset.
Fees and expenses 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, expenses and costs to be made directly to Sengthiene Bosavanh, pursuant to the assignment
executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees
and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA.

1

Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims

2

that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in

3

connection with this action.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act

4
5
6

attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
Dated: December 11, 2012

7

SENGTHIENE BOSAVANH
Attorney for Plaintiff

8
9

BENJAMIN B. WAGNER
United States Attorney

10
11

Dated: December 11, 2012

12
13
14
15
16

/s/Sengthiene Bosavanh
(As authorized via email)

By: /s/ Sundeep R. Patel
SUNDEEP R. PATEL
Special Assistant United States Attorney

PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney
fees in the amount of SIX THOUSAND, FIVE-HUNDRED DOLLARS AND ZERO CENTS
($6,500.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced
Stipulation.

17
18

IT IS SO ORDERED.

19
20

Dated:
9b0hie

December 11, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
2