Holloman v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER 26 signed by Magistrate Judge Edmund F. Brennan on 12/16/2010 GRANTING 25 Motion for Attorney Fees pursuant to Equal Access to Justice Act (EAJA). Plaintiff's counsel is awarded $3900.00 in compensation. (Marciel, M)

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(SS) Holloman v. Commissioner of Social Security Doc. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BENJAMIN B.WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Social Security Administration JACOB M. MIKOW, CSBN 238045 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105-2102 Telephone: (415) 977-8976 Facsimile: (415) 744-0134 Email: jacob.mikow@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION GARY HOLLOMAN Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-CV-1400-EFB STIPULATION AND ORDER SETTLING ATTORNEY'S 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 NINE HUNDRED DOLLARS AND 00/CENTS ($3,900.00). 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. [ 1920,] 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 -1Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ability to honor the 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, 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. Additionally, the parties shall deem withdrawn Plaintiff's motion and memorandum regarding EAJA, filed with the court on December 9, 2010 (Docket No. 25), upon approval of this stipulation by the Court (by execution of the attached Order). Respectfully submitted, LAW OFFICE OF BESS M. BREWER & ASSOCIATES Date: December 15, 2010 /s/Bess M. Brewer* BESS M. BREWER (* via email authorization dated December 15, 2010) Attorney for Plaintiff -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Decmeber 16, 2010 Date: December 15, 2010 By: BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Social Security Administration /s/Jacob M. Mikow JACOB M. MIKOW Special Assistant United States Attorney Attorneys for Defendant ORDER APPROVED AND SO ORDERED: -3-

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