Martin v. Commissioner of Social Security

Filing 44

STIPULATION and ORDER approving settlement of attorney fees signed by Magistrate Judge Craig M. Kellison on 2/4/15. (Manzer, C)

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3 BESS M. BREWER, # 100364 LAW OFFICE OF BESS M. BREWER P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 385-7517 Facsimile: (916) 405-3908 4 Attorneys for Plaintiff 1 2 5 IN THE UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 JIMMIE LEON MARTIN 10 Plaintiff, 11 12 v. 13 14 CAROLYN W. COLVIN, Acting Commissioner of SSA 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-09-1017 CMK STIPULATIONAND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 17 18 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 19 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 20 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TWELVE THOUSAND 21 NINE HUNDRED SEVENTY SEVEN DOLLARS AND SEVENTEEN CENTS ($12, 977.17). 22 This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 23 in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues 24 an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of 25 Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. 26 Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 27 whether the fees and expenses are subject to any offset allowed under the United States Department 28 Martin v. Colvin, CIV-09-1017 CMK 1 of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the 2 government will determine whether they are subject to any offset. 3 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 5 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed 6 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 8 attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant 9 under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, 10 any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 11 and expenses in connection with this action. 12 13 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. 14 15 16 Dated: January 29, 2015 /s/Bess M. Brewer 17 BESS M. BREWER 18 Attorney at Law 19 Attorney for Plaintiff 20 21 22 Dated: January 29, 2015 Benjamin B. Wagner 23 United States Attorney 24 /s/ Jennifer A. Kenney 25 JENNIFER A. KENNEY 26 Special Assistant United States Attorney 27 Attorneys for Defendant 28 Martin v. Colvin, CIV-09-1017 CMK 1 2 3 ORDER 4 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in 5 the amount of TWELVE THOUSAND NINE HUNDRED SEVENTY SEVEN DOLLARS AND 6 SEVENTEEN CENTS ($12, 977.17), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the 7 above-referenced Stipulation 8 9 Dated: February 4, 2015 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Martin v. Colvin, CIV-09-1017 CMK

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