Qualls v. Commissioner of Social Security
Filing
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STIPULATION and ORDER. Based upon the parties Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses filed on November 13, 2015 (Doc. 18) (the Stipulation), IT IS ORDERED that fees and expenses in the amount of $2,150.00 as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation. signed by Magistrate Judge Barbara A. McAuliffe on 11/18/2015. signed by Magistrate Judge Barbara A. McAuliffe on 11/18/2015. (Herman, H)
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SHELLIE LOTT, SBN: 246202
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: (209) 948-9384
Facsimile: (209) 948-0706
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Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO BRANCH
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SHERI LEANNE QUALLS,
Plaintiff,
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vs.
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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
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Case No.: 1:14-cv-02055-BAM
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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 TWO THOUSAND ONE HUNDRED AND FIFTY DOLLARS
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($2,150.00). This amount represents compensation for all legal services rendered on behalf of
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Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §
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2412.
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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
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 Shellie Lott, 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
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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
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EAJA attorney fees 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
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Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
Respectfully submitted,
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Dated: November 13, 2015
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/s/ Shellie Lott
SHELLIE LOTT
Attorney for Plaintiff
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel
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Date: November 13, 2015
/s/ Timothy R. Bolin
(As authorized via email on 11/13/15)
TIMOTHY R. BOLIN
Special Assistant United States Attorney
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ORDER
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Based upon the parties’ Stipulation for the Award and Payment of Equal Access to
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Justice Act Fees and Expenses filed on November 13, 2015 (Doc. 18) (“the Stipulation”), IT IS
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ORDERED that fees and expenses in the amount of $2,150.00 as authorized by 28 U.S.C. § 2412,
be awarded subject to the terms of the Stipulation.
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IT IS SO ORDERED.
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Dated: November 18, 2015
/s/ Barbara
A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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