Steele v. Commissioner of Social Security

Filing 25

ORDER granting 23 Motion for Attorney Fees in the amount of $5,700.00 signed by Magistrate Judge John F. Moulds on 11/9/11. (Matson, R)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting 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]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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DONALD STEELE,
Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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16 Commissioner of Social Security,
Defendant.
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17 ______________________________)
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Case No. 2:10-cv-00794-JFM
STIPULATION AND PROPOSED ORDER FOR
THE AWARD OF ATTORNEY 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

20 counsel, subject to the approval of the Court, that the previously filed Equal Access to Justice Act
(EAJA) application is hereby withdrawn.
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IT IS HEREBY STIPULATED by and between the parties through their undersigned
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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
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EAJA in the amount of FIVE THOUSAND SEVEN HUNDRED dollars and 0 cents ($5,700.00).
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This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date,
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by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.
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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
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Stip. & Prop. Order for EAJA

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

6 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
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assignment executed 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
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attorney fees and expenses, and does not constitute an admission of liability on the part of
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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to
12 EAJA attorney fees and expenses 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

14 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
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Respectfully submitted October 27, 2011.

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Respectfully submitted,

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Dated: October 26, 2011

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/s/ Bess M. Brewer
(As authorized via email)
BESS M. BREWER
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney

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23 Date: October 27, 2011
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By s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney

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Attorneys for Defendant Michael J. Astrue

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ORDER
Stip. & Prop. Order for EAJA

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1 APPROVED AND SO ORDERED.
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3 DATED: November 9, 2011.
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Stip. & Prop. Order for EAJA

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