Alcantar v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER 23 signed by Judge Garland E. Burrell, Jr. on 2/16/2012 GRANTING plaintiff's 22 Motion for Attorney's Fees pursuant to Equal Access to Justice Act (EAJA). Plaintiff is awarded $4218.25 in attorney fees. This award is without prejudice to rights of plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to provisions of the EAJA. (Marciel, M)

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

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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

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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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ELVIA H. ALCANTAR,

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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. 2:10-cv-2638-GEB-GGH
STIPULATION AND PROPOSED ORDER
AWARDING ATTORNEY FEES UNDER
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 FOUR THOUSAND TWO HUNDRED

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EIGHTEEN DOLLARS AND TWENTY-FIVE CENTS ($4,218.25). This amount represents

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

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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 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 WL 2346547 (U.S. June 14, 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 the

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

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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 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 and expenses to be made directly to the Law Offices of Terry LaPorte, pursuant to the assignment

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

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Dated: February 16, 2012

/s/ Kevan H. Spence
(As authorized via e-mail)
KEVAN H. SPENCE
Attorney for Plaintiff

Dated: February 15, 2012

BENJAMIN B. WAGNER
United States Attorney

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/s/ Brenda M. Pullin
BRENDA M. PULLIN
Special Assistant U.S. Attorney

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Attorneys for Defendant

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2 - Stip & Order for EAJA Fees

ORDER

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APPROVED AND SO ORDERED.

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Dated: February 16, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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3 - Stip & Order for EAJA Fees