Spencer v. Commissioner of Social Security

Filing 26

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/14/2010 GRANTING 24 Motion for Attorney Fees in the amount of $4,508.55. (Matson, R)

(SS) Spencer v. Commissioner of Social Security

Doc. 26

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ARMAND D. ROTH Special Assistant United States Attorney California Bar No. 214624 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail:[e-mail] Attorneys for Defendant Commissioner of Social Security UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION PAULINE SPENCER, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. S 08-cv-00047-EFB STIPULATION AND ORDER SETTLING ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff's be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $4,508.55. 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 of $4,508.55 in EAJA attorney fees, 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 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: July 14, 2010

/s/ Bess M. Brewer (As authorized via email and telephone) BESS M. BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration /S/ Armand D. Roth ARMAND D. ROTH Special Assistant U.S. Attorney United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration

ORDER APPROVED AND SO ORDERED. Dated: July 14, 2010.

2 - EAJA Stip