Haynes v. Social Security

Filing 41

STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 12/7/2011 ORDERING that Plaintiff shall be awarded attorney fees in the amount of five thousand, one hundred dollars and zero cents ($5,100.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, IL SBN 6191786
Acting Regional Chief Counsel, Region IX
Social Security Administration
DAVID W. LERCH, CSBN 229411
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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TIFFANY NICOLE HAYNES,
Plaintiff,

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CIVIL NO. 2:03-CV-00497-JFM

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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)
v.

STIPULATION AND PROPOSED ORDER
APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel,

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subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice

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Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND, ONE HUNDRED DOLLARS

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AND ZERO CENTS ($5,100.00). This amount represents compensation for all legal services rendered

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on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§ 2412(d).

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

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

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Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment

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Stip. & Proposed Order Settling Fees

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

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Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered,

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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 payment of

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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed by

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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

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and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA.

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

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

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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(b), subject to the offset provisions of the EAJA.

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Dated: November 29, 2011

/s/ Bess M. Brewer
(As authorized via email)

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BESS M. BREWER
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney

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Dated: November 30, 2011

By: /s/ David Lerch
DAVID LERCH
Special Assistant United States Attorney

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Stip. & Proposed Order Settling Fees

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in
the amount of FIVE THOUSAND, ONE HUNDRED DOLLARS AND ZERO CENTS ($5,100.00), as
authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.

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Dated: December 7, 2011.

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Stip. & Proposed Order Settling Fees

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