McDowell v. Commisioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 3/18/2011 ORDERING that Pltf is awarded attorney's fees pursuant to EAJA in the amount of $2,123.42 and subject to the terms and conditions of the Stipulation. (Zignago, K.)

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BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration FRANCESCO P. BENAVIDES Special Assistant United States Attorney Social Security Administration 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-744-0134 Email: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CRISTY R. MCDOWELL, ) ) Plaintiff, ) ) v. ) ) ) MICHAEL J. ASTRUE, ) Commissioner of ) Social Security, ) ) Defendant. ) _____________________________ )

Case No. 2:09-CV-01293-DAD STIPULATION AND ORDER FOR AWARD OF EAJA FEES

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 TWO THOUSAND ONE HUNDRED TWENTY THREE DOLLARS and 42/100's ($2,123.42). 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 1

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to Astrue v. Ratliff, ­ S.Ct. ­ , 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees, 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, expenses and costs 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. DATE: March 17, 2011 /s/ Francesco Benavides for Bess M. Brewer* BESS M. BREWER Attorney at Law (* by email authorization on March 16, 2011) Attorney for Plaintiff

DATE: March 17, 2011

BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration By: /s/ Francesco P. Benavides FRANCESCO P. BENAVIDES Special Assistant U.S. Attorney Attorneys for Defendant

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33hep3 Ddad1\orders.soc sec\mcdowell1293.stipord.attyfees.eaja
DEAC_Signature-END:

ORDER

Based upon the parties' Stipulation for Award of EAJA Fees ("Stipulation"), IT IS ORDERED that Plaintiff is awarded attorney's fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of TWO THOUSAND ONE HUNDRED TWENTY THREE DOLLARS and 42/100's ($2,123.42), as authorized by 28 U.S.C. § 2412(d), and subject to the terms and conditions of the Stipulation. Date: 3/18/2011

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