Khaleck v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 3/2/11 ORDERING attorney fees AWARDED to pltf in the amount of $2,372.22. (Carlos, K)

(SS) Khaleck v. Commissioner of Social Security

Doc. 26

BENJAMIN B. WAGNER 1 2 3 4 5 6 7 8 9 SACRAMENTO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1Under the EAJA, a "prevailing party" must file an application for attorney fees "within thirty days of
final judgment." 28 U.S.C. § 2412(d)(1)(A), (B); see also Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002). The Commissioner has waived the defense of timeliness in this case. Waiver applies to in this case only and should not be construed as an intent to agree to waiver in any other case. v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. SOM KHALECK, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Case No. 2:09-cv-01726-DAD United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX, Social Security Administration TIMOTHY R. BOLIN Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] @ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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 Court's approval, 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, THREE HUNDRED SEVENTY-TWO DOLLARS AND 22 CENTS ($2,372.22).1 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). ///// /////

Dockets.Justia.com

After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 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 - 2 /s/ Special Assistant U.S. Attorney Attorneys for Defendant Dated: March 18, 2011 Dated: March 18, 2011 /s/Bess M. Brewer (As authorized via email) BESS M. BREWER Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX Social Security Administration will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (U.S. June 14, 2010), the 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 offset provisions of the EAJA.

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
Ddad1\orders.soc sec\khaleck1726.stipord.attyfee.eaja

ORDER Pursuant to the parties' stipulation, and subject to the terms thereof, Plaintiff shall be awarded attorney fees under the EAJA in the amount of $2,372.22. IT IS SO ORDERED. DATED: March 21, 2011.

- 3 -