Phillips v. Commissioner of Social Security

Filing 31

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 10/27/2011 AWARDING Pltf. attorney fees in the amount of $5,700.00, as authorized by 28 U.S.C. § 2412(d), subject to the terms of the 30 Stipulation and Proposed Order. (Michel, G)

1
2
3

ANN M. CERNEY, SBN: 068748
Attorney at Law
45 Hunter Square Plaza
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

4
Attorney for Plaintiff
5
6
7
8
9
10
11
12

BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX,
Social Security Administration
Assistant United States Attorney
SUNDEEP R. PATEL
Special Assistant United States Attorney
Social Security Administration
333 Market St., Suite 1500
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

13
Attorneys for Defendant
14
IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
—o0o—

15
16
17

CHRIS PHILLIPS,

18

CASE NO. 2:10-CV-01941-CMK
Plaintiff,

19

vs.

20

STIPULATION FOR AWARD OF FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

MICHAEL J. ASTRUE,
Commissioner of Social Security,

21
Defendant(s).
22

/

23
24

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

25

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

26

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

27

SEVEN HUNDRED DOLLARS AND 00/100 ($5,700.00). This amount represents

28
1
STIPULATION FOR AW ARD OF FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,
28 U.S.C. § 2412(d)

1

compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with

2

this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).

3

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

4

the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v.

5

Ratliff, – S.Ct. – , 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment

6

will depend on whether the fees are subject to any offset allowed under the United States

7

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

8

government will determine whether they are subject to any offset.

9

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

10

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

11

be made directly to Plaintiff’s counsel, pursuant to the assignment executed by Plaintiff. Any

12

payments made shall be delivered to Plaintiff’s counsel.

13

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

14

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

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

17

connection with this action.

18

Upon order by the Court awarding EAJA fees pursuant to this stipulation, Plaintiff’s

19

Application for Attorneys Fees and Expenses Under the Equal Access to Justice Act (Docket No.

20

38) is deemed withdrawn.

21
22

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.

23
24

DATE: October 19, 2011

Respectfully submitted,

25
26
27

/s/ Ann M. Cerney
ANN M. CERNEY,
Attorney for Plaintiff

28
2
STIPULATION FOR AW ARD OF FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,
28 U.S.C. § 2412(d)

1

DATE: October 19, 2011

2
3

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

4
/s/ Sundeep R. Patel
SUNDEEP R. PATEL
(As authorized by email on October 19, 2011)
Special Assistant U.S. Attorney
Attorneys for Defendant

5
6
7
8
9
10
11

PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded
12
attorney fees in the amount of FIVE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO
13
CENTS ($5,700.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the
14
above-referenced Stipulation.
15
16
IT IS SO ORDERED.
17
18
19
20

DATED: October 27, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
3
STIPULATION FOR AW ARD OF FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,
28 U.S.C. § 2412(d)