Davis v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER 26 signed by Magistrate Judge Edmund F. Brennan on 8/3/2010 GRANTING 25 Amended Motion for Attorney Fees under EAJA. Plaintiff shall be awarded $3,299.36. (Marciel, M)

(SS) Davis v. Commissioner of Social Security

Doc. 27

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration ODELL GROOMS 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 RELETHEA E. DAVIS, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _________________________________)

CIVIL NO. 2:08-cv-02096-EFB STIPULATION AND ORDER SETTLING ATTORNEY 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 be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE THOUSAND TWO HUNDRED NINETY NINE DOLLARS AND THIRTY SIX CENTS ($3,299.36). 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). After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, ­ S.Ct. ­ , 2010 WL 2346547 (U.S. June 14, 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 the United States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses is entered, the government will determine whether they are subject to any offset. Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees and expenses to be made directly to Bess M. Brewer, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses 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 provisions of the EAJA.

Respectfully submitted,

Dated: July 29, 2010

By: _/s/ Bess M. Brewer__________ BESS M. BREWER (via email authorization) Attorney for Plaintiff

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Dated: July 29, 2010 By:

BENJAMIN B. WAGNER United States Attorney /s/ Odell Grooms ODELL GROOMS Special Assistant United States Attorney Attorneys for Defendant, Commissioner of Social Security

ORDER APPROVED AND SO ORDERED. DATED: August 3, 2010.

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