Diaz v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER SETTLING Attorney's Fees. Plaintiff shall be awarded attorney fees in the amount of THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($3,750.00) and Court costs in the amount of THREE HUNDRED AND FIFTY DOLLARS ($350.00), subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 4/25/2013. (Timken, A)

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BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX,
Social Security Administration
THEOPHOUS H. REAGANS CSBN 189450
Special Assistant United States Attorney

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160 Spear Street, Suite 800
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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SACRAMENTO DIVISION

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NORA ELIZABETH DIAZ,

CASE NO. 1:12-CV-00660-SKO

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Plaintiff,

STIPULATION AND ORDER SETTLING
ATTORNEY’S FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d) AND COURT COSTS
PURSUANT TO 28 U.S.C. § 1920

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vs.
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CAROLYN V. COLVIN,
Acting Commissioner of Social Security,

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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 THREE

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THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($3,750.00) and Court costs in the

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amount of THREE HUNDRED AND FIFTY DOLLARS ($350.00), pursuant to 28 U.S.C.

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§ 1920. This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in 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 Andrew T. Koenig, 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: April 23, 2013

/s/Andrew T. Koenig
ANDREW T. KOENIG
Attorney for Plaintiff
[as authorized by telephone]

Dated: April 23, 2013

BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
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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Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that Plaintiff shall be

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awarded attorney fees in the amount of THREE THOUSAND SEVEN HUNDRED FIFTY

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DOLLARS ($3,750.00) and Court costs in the amount of THREE HUNDRED AND FIFTY

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DOLLARS ($350.00), subject to the terms of the above-referenced Stipulation.

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IT IS SO ORDERED.

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Dated:
cc0hp0

April 25, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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