Garcia v Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 1/24/12 ORDERING that Plaintiff is awarded attorney fees under the Equal Accessto Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND, TWO-HUNDRED DOLLARS AND NO CENTS ($5,200.00). 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. § 2412(d). (Becknal, R)

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BESS M. BREWER, #100364
LAW OFFICE OF
BESS M. BREWER & ASSOCIATES
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD GARCIA

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Plaintiff,
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v.
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MICHAEL J. ASTRUE
Commissioner of Social Security
of the United States of America,

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Defendant.
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Case No. CIV-10-259 GGH

STIPULATION AND ORDER
AWARDING ATTORNEY FEES
UNDER THE EQUAL ACCESS
TO JUSTICE ACT
28 U.S.C. § 2412(d)

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access

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to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND, TWO-HUNDRED

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DOLLARS AND NO CENTS ($5,200.00). This amount represents compensation for all legal services

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rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28

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U.S.C. § 2412(d).

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

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consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant

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to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend
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on whether the fees and expenses are subject to any offset allowed under the United States Department

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of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the

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government will determine whether they are subject to any offset.

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

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determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of

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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed

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by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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

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fees and expenses, and does not constitute an admission of liability on the part of Defendant under the

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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all

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claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses

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in connection with this action.

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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.

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/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law

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Attorney for Plaintiff

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Dated: January 24, 2012

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Dated: January 24, 2012

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Benjamin B. Wagner
United States Attorney
/s/ Elizabeth Barry
ELIZABETH BARRY
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.
DATED: January 27, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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