Lyubezhanin v. Commissioner of Social Security

Filing 21

STIPULATION AND ORDER signed by Magistrate Judge Kimberly J. Mueller on 11/9/10 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of ONE THOUSAND SEVEN HUNDRED TWENTY-FIVE dollars ($1,725.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. (Becknal, R)

(SS)(CONSENT) Lyubezhanin v. Commissioner of Social Security

Doc. 21

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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] Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ) ) ) V. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) Case No. 2:09-CV-01415-KJM STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

VASILY LYUBEZHANIN, Plaintiff, 13 14 15 16 17 18 19

IT IS HEREBY STIPULATED by and between the parties through their

20 undersigned counsel, subject to the approval of the Court, that the previously filed Equal 21 Access to Justice Act (EAJA) application is hereby withdrawn. 22

IT IS HEREBY STIPULATED by and between the parties through their

23 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 24 attorney fees under the EAJA in the amount of ONE THOUSAND SEVEN HUNDRED 25 TWENTY-FIVE dollars and 0 cents ($1,725.00). This amount represents compensation 26 for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with 27 this civil action, in accordance with 28 U.S.C. § 2412. 28 Stip. & Order for EAJA 1

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

2 consider the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant 3 to Astrue v. Ratliff, 130 S.Ct.2521 (2010), the ability to honor the assignment will depend 4 on whether the fees are subject to any offset allowed under the United States Department 5 of the Treasury's Offset Program. After the order for EAJA fees is entered, the 6 government will determine whether they are subject to any offset. 7

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

8 determines that Plaintiff does not owe a federal debt, then the government shall cause the 9 payment of fees, expenses and costs to be made directly to Jesse S. Kaplan, pursuant to the 10 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's 11 counsel. 12

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

13 attorney fees, and does not constitute an admission of liability on the part of Defendant 14 under the EAJA. Payment of the agreed amount shall constitute a complete release from, 15 and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 16 EAJA attorney fees in connection with this action. 17

This award is without prejudice to the rights of Plaintiff's counsel to seek Social

18 Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 19 20 21 22 23 24 25 26 27 28 Stip. & Order for EAJA 2

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Respectfully submitted November 5, 2010.
Respectfully submitted, Dated: November 5, 2010 /s/ Jesse S. Kaplan (As authorized via email) JESSE S. KAPLAN Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney Date: November 5, 2010 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant U. S. Attorney Attorneys for Defendant Michael J. Astrue

ORDER APPROVED AND SO ORDERED.

20 DATED: November 9, 2010. 21 22 23 24 25 26 27 28 Stip. & Order for EAJA 3