Norman v. Astrue

Filing 26

STIPULATION and ORDER SETTLING ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA) signed by Magistrate Judge Kimberly J. Mueller on 01/08/09. (Benson, A.)

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McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration GINA SHIN Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

DIANNE S. NORMAN,

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

CIVIL NO. 07-CV-01369-KJM STIPULATION AND ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff's counsel, as Plaintiff's assignee, be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($4,400.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment in the aforementioned sum under EAJA shall constitute a complete release from and bar to any

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and all claims Plaintiff may have relating to EAJA fees in connection with this action. Any payment shall be made payable to Plaintiff's counsel as Plaintiff's assignee and delivered to Plaintiff's counsel. 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.

Respectfully submitted,

Dated: January 6, 2009

/s/ Bess M. Brewer (As authorized via e-mail) BESS M. BREWER Attorney for Plaintiff McGREGOR W. SCOTT United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /s/ Gina Shin I GINA SHIN Special Assistant U.S. Attorney Attorneys for Defendant

Dated: January 6, 2009

ORDER APPROVED AND SO ORDERED.

Dated: January 8, 2009.

2 - Stip & Order Re EAJA Fees