Carter v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/16/09 ORDERING the counsel for pltf, as assignee, is AWARDED attorneys fees in the amount of $4,500.00. (Carlos, K)

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L A W R E N C E G. BROW N U n ite d States Attorney L U C I L L E GONZALES M E I S R e g i o n a l Chief Counsel, Region IX, Social Security Administration E L I Z A B E T H FIRER S p e c i a l Assistant United States Attorney 3 3 3 Market Street, Suite 1500 S a n Francisco, California 94105 T e le p h o n e : [phone] F a c sim i le : [phone] E l i z a b e th . F i r e r @ s s a .g o v A tto r n e ys for Defendant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court's approval, that counsel for Plaintiff, as assignee, be awarded attorney fees under the Equal Access to Justice Act, (EAJA) in the amount of FOUR THOUSAND, FIVE HUNDRED DOLLARS ($4,500.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff by the attorney in connection with this civil action in accordance with 28 U.S.C. § 2412(d). This stipulation does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed upon amounts shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA attorney fees and costs 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. STELLA CARTER, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 2:08-cv-01841 KJM STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

1 Dated: November 13, 2009 2 3 4 5 6 7 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED that counsel for Plaintiff, as assignee, shall be 10 awarded attorney fees in the amount of FOUR THOUSAND, FIVE HUNDRED DOLLARS ($4,500.00), 11 as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: November 16, 2009. Dated: November 13, 2009 By: /s/ Elizabeth Firer ELIZABETH FIRER Special Assistant United States Attorney LAWRENCE G. BROWN Acting United States Attorney /s/Bess M. Brewer (As authorized via email) BESS M. BREWER Attorney for Plaintiff