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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BESS M. BREWER, # 100364
LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMIE LEON MARTIN

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Acting Commissioner of SSA

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Defendant.

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Case No. CIV-09-1017 CMK

STIPULATIONAND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of TWELVE THOUSAND

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NINE HUNDRED SEVENTY SEVEN DOLLARS AND SEVENTEEN CENTS ($12, 977.17).

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This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel

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in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues

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an order for EAJA fees and expenses to Plaintiff, the government will consider the matter of

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Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v.

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Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on

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whether the fees and expenses are subject to any offset allowed under the United States Department

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Martin

v. Colvin, CIV-09-1017 CMK

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of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the

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government will determine whether they are subject to any offset.

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Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury

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determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of

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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed

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by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for

EAJA

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attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant

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under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to,

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any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

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and expenses in connection with this action.

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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.

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Dated: January 29, 2015

/s/Bess M. Brewer

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BESS M. BREWER

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Attorney at Law

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Attorney for Plaintiff

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Dated: January 29, 2015

Benjamin B. Wagner

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United States Attorney

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/s/ Jennifer A. Kenney

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JENNIFER A. KENNEY

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Special Assistant United States Attorney

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Attorneys for Defendant

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Martin

v. Colvin, CIV-09-1017 CMK

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in

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the amount of TWELVE THOUSAND NINE HUNDRED SEVENTY SEVEN DOLLARS AND

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SEVENTEEN CENTS ($12, 977.17), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the

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above-referenced Stipulation

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Dated: February 4, 2015

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Martin

v. Colvin, CIV-09-1017 CMK