Walker v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER 28 settling attorney's fees pursuant to Equal Access to Justice Act signed by Magistrate Judge Dale A. Drozd on 11/27/2012. Plaintiff shall be awarded attorney fees under Equal Access to Justice Act (EAJA) in amount $5,300.00. (Marciel, M)

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ANN M. CERNEY, SBN: 068748
Attorney at Law
42 North Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff
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UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA

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—o0o—

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PAMELA WALKER,

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CASE NO. 2:10-02595-DAD
Plaintiff,

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vs.

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ORDER SETTLING ATTORNEY’S FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)

MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant(s).
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/

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

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THREE HUNDRED DOLLARS AND 00/CENTS ($5,300.00). This amount represents

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

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

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

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will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s

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attorney. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010), the ability to honor the

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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Order Settling Attorney’s Fees Pursuant to the Equal Access
To Justice Act, 28 U.S.C. § 2412(d)

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

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and expenses 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

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

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the payment of fees, expenses and costs to be made directly to Ann M. Cerney, 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

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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
Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.

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Respectfully submitted,

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Date: November 27, 2012

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

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

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Date: November 27, 2012

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/////

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/s/ Elizabeth Barry
ELIZABETH BARRY,
(by email authorization on 11/27/12)
Special Assistant United States Attorney
Attorneys for Defendant

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Order Settling Attorney’s Fees Pursuant to the Equal Access
To Justice Act, 28 U.S.C. § 2412(d)

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: November 27, 2012.

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Ddad1\orders.soc sec
walker2595.stip.eajafees.ord.wpd

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Order Settling Attorney’s Fees Pursuant to the Equal Access
To Justice Act, 28 U.S.C. § 2412(d)