Crosby v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER for the Award of Equal Access to Justice Fees and Costs. Plaintiff shall be awarded TWO-THOUSAND, NINE-HUNDRED NINETY FIVE DOLLARS AND FIFTY-FIVE CENTS ($2,995.55) in attorney fees and SIXTY DOLLARS ($60.00) in costs, subject to the terms of the Stipulation. Order signed by Magistrate Judge Sheila K. Oberto on 6/5/2013. (Timken, A)

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BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX
Social Security Administration
CYNTHIA B. DE NARDI, CSBN 256770
Special Assistant United States Attorney
Social Security Administration
160 Spear St., Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
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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LATANYA DENISE CROSBY,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,1

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Defendant.

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Case No.: 1:12-CV-00960-SKO
STIPULATION AND
ORDER FOR THE AWARD OF EQUAL
ACCESS TO JUSTICE FEES AND COSTS

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The parties hereby stipulate through counsel that, subject to the Court’s approval,
Plaintiff shall be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.
§§ 1920 and 2412(d), in the amount of TWO-THOUSAND, NINE-HUNDRED NINETY FIVE
DOLLARS AND FIFTY-FIVE CENTS ($2,995.55) in attorney fees and SIXTY DOLLARS

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).
Stipulation and Order for EAJA Fees, 1:12-CV-00960-SKO

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($60.00) in costs. This amount represents compensation for all legal services rendered to

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Plaintiff by counsel in connection with this civil action, and is awarded in accordance with 28

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U.S.C. §§ 1920, 2412(d).

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

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will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s

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attorney. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010), the ability to honor the

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury’s Offset Program. After the order for EAJA fees

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and expenses is entered, the government will determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to

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be made directly to Cyrus Safa, pursuant to the assignment executed by Plaintiff. In such case,

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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

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attorney fees and does not constitute an admission of liability on the part of Defendant under the

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

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

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and expenses 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 offset provisions of the EAJA.

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Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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Dated: May 29, 2013

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Dated: May 29, 2013

By:

/s/ Cyrus Safa*
*By telephonic authorization on May 24, 2013
CYRUS SAFA
Attorneys for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM

Stipulation and Order for EAJA Fees, 1:12-CV-00960-SKO

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Regional Chief Counsel, Region IX Social Security
Administration

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By:

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/s/ Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant U.S. Attorney

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Attorneys for Defendant
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OF COUNSEL TO DEFENDANT:

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LARA A. BRADT
Assistant Regional Counsel
Social Security Administration

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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

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FIFTY-FIVE CENTS ($2,995.55) in attorney fees and SIXTY DOLLARS ($60.00) in costs,

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subject to the terms of the above-referenced Stipulation.

TWO-THOUSAND,

NINE-HUNDRED

NINETY

FIVE

DOLLARS

AND

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IT IS SO ORDERED.

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Dated:

June 5, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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Stipulation and Order for EAJA Fees, 1:12-CV-00960-SKO

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