Reed v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER 25 for award of attorney's fees (EAJA) signed by Magistrate Judge Dale A. Drozd on 2/26/2013. Plaintiff awarded attorney's fees in amount of $5,400.00 and subject to terms and conditions of Stipulation. (Marciel, M)

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BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX
Social Security Administration
FRANCESCO P. BENAVIDES
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant

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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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RAQUEL DANIELLE REED,

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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Commissioner of
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Social Security,
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Defendant.
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Case No. 2:10-cv-02282-DAD
STIPULATION AND ORDER
FOR AWARD OF EAJA FEES

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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 FIVE THOUSAND FOUR HUNDRED

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DOLLARS ($5,400.00). This amount represents compensation for all legal services rendered on behalf

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of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted
for Michael J. Astrue as the defendant in this suit. No further action need to be taken to continue this
suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
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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 (2010), the ability to honor the assignment will depend on whether
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the fees, expenses are subject to any offset allowed under the United States Department of the
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Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the government will
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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 to be made directly to Joseph Fraulob, pursuant to the assignment executed by Plaintiff. Any
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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 fees
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and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA.
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Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims
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that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in
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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
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attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.
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DATE: February 22, 2013

/s/ Francesco Benavides for Joseph Fraulob*
JOSEPH FRAULOB
Attorney at Law
(* by email authorization on February 20, 2013)
Attorney for Plaintiff

DATE: February 22, 2013

BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Francesco P. Benavides
FRANCESCO P. BENAVIDES
Special Assistant U.S. Attorney
Attorneys for Defendant
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ORDER

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Based upon the parties’ Stipulation for Award of EAJA Fees (“Stipulation”), IT IS ORDERED

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that Plaintiff is awarded attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”) in the

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amount of FIVE THOUSAND FOUR HUNDRED ($5,400.00), as authorized by 28 U.S.C. § 2412(d),

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and subject to the terms and conditions of the Stipulation.
Dated: February 26, 2013

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