Jenkins v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 06/27/11 for the award of Attorney Fees per EAJA in the amount of $5,500; this award is w/o prejudice to the rights of plf's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. (Benson, A.)

1

8

BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
DANIEL P. TALBERT
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

9

Attorneys for Defendant

2
3
4
5
6
7

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

10
11
12
13
14
15
16
17

DARRYL JENKINS,
Plaintiff,
v.

)
)
)
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
Defendant.
)
______________________________)

Case No. 2:09-CV-01084-GGH
STIPULATION AND PROPOSED ORDER FOR
THE AWARD OF ATTORNEY FEES PURSUANT
TO THE EQUAL ACCESS TO JUSTICE ACT,
28 U.S.C. § 2412(d)

18
19

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

20
21

counsel, subject to the approval of the Court, that the previously filed Equal Access to Justice Act

22 (EAJA) application is hereby withdrawn.
23
24

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

25
26

EAJA in the amount of FIVE THOUSAND FIVE HUNDRED dollars and 0 cents ($5,500.00).

27 This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date,
28
Stip. & Prop. Order for EAJA

1

1 by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.
2

After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

3
4

will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's

5 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment
6 will depend on whether the fees and expenses are subject to any offset allowed under the United
7

States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses

8
9
10

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

11 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment
12

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

13
14
15

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

16 attorney fees and expenses, and does not constitute an admission of liability on the part of
17

Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

18
19

from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

20 EAJA attorney fees and expenses in connection with this action.
21
22

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.

23
24

Respectfully submitted June 23, 2011.

25
Respectfully submitted,

26
27 Dated: June 22, 2011

/s/ Bess M. Brewer
(As authorized via email)

28
Stip. & Prop. Order for EAJA

2

1

BESS M. BREWER
Attorney for Plaintiff

2
3

BENJAMIN B. WAGNER
United States Attorney

4
5
6

Date: June 23, 2011

7
8

By s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue

9
10
11
12

ORDER
APPROVED AND SO ORDERED.

13
14

DATED: June 27, 2011

/s/ Gregory G. Hollows

15
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
Stip. & Prop. Order for EAJA

3