Urbano v. Commissioner of Social Security

Filing 27

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/5/11 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of $5,750.00 as compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel. (Meuleman, A)

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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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CARLOS URBANO,
Plaintiff,
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v.
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Case No. 2:10-cv-02007-EFB
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STIPULATION AND ORDER FOR
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THE AWARD OF ATTORNEY FEES PURSUANT
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TO THE EQUAL ACCESS TO JUSTICE ACT,
MICHAEL J. ASTRUE,
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28 U.S.C. § 2412(d)
Commissioner of Social Security,
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Defendant.
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______________________________)
IT IS HEREBY STIPULATED by and between the parties through their undersigned

19 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(EAJA) application is hereby withdrawn.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 FIFTY dollars and 0 cents
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($5,750.00). This amount represents compensation for all legal services rendered on behalf of
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Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §
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2412.
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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government
27 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's
28 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment
Stip. & Order for EAJA

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1 will depend on whether the fees and expenses are subject to any offset allowed under the United
2 States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses
3 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

5 Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause
6 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.
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

13 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
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Respectfully submitted October 4, 2011.
Respectfully submitted,
Dated: October 4, 2011

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/s/ Bess M. Brewer
(As authorized via email)
BESS M. BREWER
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney

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Date: October 4, 2011

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By s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue

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ORDER

25 APPROVED AND SO ORDERED.
26 Dated: October 5, 2011.
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Stip. & Order for EAJA

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