Barbosa v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER for the Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) signed by Magistrate Judge Gary S. Austin on 12/17/2014. (Martinez, A)

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ANN M. CERNEY, SBN: 068748
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO BRANCH

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JOANNA BARBOSA,
Plaintiff,

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vs.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Case No.: 1:13-CV-00410-GSA

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STIPULATION AND ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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EAJA in the amount of SIX THOUSAND ONE HUNDRED ($6,100.00) and costs in the amount

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of THREE HUNDRED SEVENTY-FIVE AND TWENTY-FOUR ($375.24).1 This amount

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represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel

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in connection with this civil action, in accordance with 28 U.S.C. § 2412.

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2014.

These costs have already been awarded by the Court in an order on October 27,

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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 (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 and expenses shall be made payable to Plaintiff, but if the Department of the Treasury

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determines that Plaintiff does not owe a federal debt, then the government shall cause the

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payment of fees, expenses and costs to be made directly to Ann M. Cerney, 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

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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
EAJA attorney fees and expenses in connection with this action.
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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Dated: December 16, 2014

/s/ Ann M. Cerney
ANN M. CERNEY
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel

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Date: December 16, 2014

/s/ Susan L. Smith
(As authorized via email on
Special Assistant United States Attorney

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)

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ORDER
Pursuant to the parties’ stipulation set forth above, it is hereby ordered that Plaintiff shall

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be awarded attorney fees in the amount of $6,100.00 and expenses in the amount of $375.24,
under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The attorney fees and expenses
hereby awarded shall be paid in accordance with the terms of the parties’ stipulation.

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IT IS SO ORDERED.

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Dated:

/s/ Gary S. Austin

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UNITED STATES MAGISTRATE JUDGE

December 17, 2014