Croft v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER 28 , signed by Magistrate Judge Kendall J. Newman on 8/5/10, ORDERING that EAJA fees are awarded to pltf in the amount of $5,300, subject to the terms of the stipulation.(Kastilahn, A)

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(SS) Croft v. Commissioner of Social Security Doc. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration JACOB M. MIKOW, CA SBN 238045 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8976 Facsimile: (415) 744-0134 E-Mail: jacob.mikow@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION DEBORAH CROFT ) Plaintiff, ) v. ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) Defendant. ) ______________________________) Case No. 2:09-CV-01656-KJN STIPULATION AND PROPOSED ORDER FOR THE AWARD OF 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 22 Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), in the amount of FIVE THOUSAND 23 THREE DOLLARS AND 00 CENTS ($5,300.00). This amount represents compensation for all 24 25 26 27 28 Stip. & Prop. Order for Attorney's Fees 1 accordance with 28 U.S.C. 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in Dockets.Justia.com 1 the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v. 2 3 4 fees are subject to any offset allowed under the United States Department of the Treasury's Offset Ratliff, 130 S. Ct. 2521 (2010), the ability to honor the assignment will depend on whether the 5 Program. After the order for EAJA fees is entered, the government will determine whether they 6 are subject to any offset. 7 8 9 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 10 expenses and costs to be made directly to Plaintiff's counsel, Bess M. Brewer, pursuant to the 11 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 12 13 14 attorney fees, and does not constitute an admission of liability on the part of Defendant under the This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 15 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 16 and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees in 17 18 19 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security connection with this action. 20 Act attorney fees under 42 U.S.C. 406, subject to the provisions of the EAJA. 21 /// 22 /// 23 /// 24 25 /// 26 /// 27 /// 28 Stip. & Prop. Order for Attorney's Fees 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 By: Dated: August 5, 2010 Dated: August 5, 2010 Respectfully submitted, BESS M. BREWER Bess M. Brewer and Associates Bess M. Brewer* BESS M. BREWER (*As authorized via email dated August 5, 2010) Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration Jacob M. Mikow JACOB M. MIKOW Special Assistant U.S. Attorney Attorneys for Defendant ORDER Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that EAJA fees are 21 awarded in the amount of FIVE THOUSAND THREE HUNDRED DOLLARS ($5,300), subject 22 to the terms of the stipulation. 23 24 25 26 27 28 Stip. & Prop. Order for Attorney's Fees 3 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE DATED: August 5, 2010

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