Pickens v. Commissioner of Social Security

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/11 ORDERING that plf shall be awarded attorney fees in the amount of $2,250; plf's 21 Motion for Attorney Fees is DENIED as moot. (Benson, A.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
ARMAND D. ROTH
Special Assistant United States Attorney
California Bar No. 214624

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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail:[e-mail]

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Attorneys for Defendant Commissioner of Social Security

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ALEXA VICTORIA PICKENS ,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)

CIVIL NO. 10-cv-01201-KJN
STIPULATION AND PROPOSED ORDER
SETTLING ATTORNEY'S FEES
PURSUANT TO 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 counsel,

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subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to

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

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FIFTY DOLLARS ($2,250). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§ 2412(d).

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If Plaintiff's attorney provides the government with a copy of Plaintiff's assignment of EAJA

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fees to Plaintiff's attorney within four weeks of the Court’s order adopting this stipulation, the

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government will consider the assignment. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010), the

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ability to honor the assignment will depend on whether the fees are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees is

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entered, the government will determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Plaintiff's attorney provides the government

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with a copy of Plaintiff's assignment and the Department of the Treasury determines that Plaintiff does

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not owe a federal debt, then the government shall cause the payment of fees to be made directly to

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Plaintiff's attorney pursuant to the assignment executed by Plaintiff. Any payments made shall be

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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 does not constitute an admission of liability on the part of Defendant under the EAJA. Payment

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of $2,250 shall constitute a complete release from and bar to any and all claims Plaintiff may have

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relating to EAJA fees in connection with this action. Any payment shall be delivered to Plaintiff's

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counsel.

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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 provisions of the EAJA.
Respectfully submitted,

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/s/ Jesse S. Kaplan
JESSE S. KAPLAN
(As authorized via email)

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Attorney for Plaintiff

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Dated: October 11, 2011

Dated: October 11, 2011

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/Armand Roth
ARMAND ROTH
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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Pursuant to the stipulation and proposed order filed by the parties (Dkt. No. 22), IT IS
HEREBY ORDERED that:
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Plaintiff shall be awarded attorney fees in the amount of TWO THOUSAND

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TWO HUNDRED FIFTY DOLLARS ($2,250), as authorized by 28 U.S.C. § 2412(d), subject to the

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terms of the above-referenced stipulation.

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2.

Plaintiff’s motion for attorney’s fees (Dkt. No. 21) is denied as moot.

DATED: October 18, 2011

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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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