Gilbert v. Commissioner of Social Security
Filing
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 6/26/2015 ORDERING that plaintiff is awarded attorney fees under the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of three thousand, nine hundred dollars ($3900.00). (Zignago, K.)
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HADLEY & FRAULOB
A Professional Law Corporation
230 Fifth Street
Marysville, CA 95901
(916) 743-4458
FAX (530) 743-5008
JOSEPH C. FRAULOB – CA State Bar #194355
Attorney For Plaintiff
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TERESA GILBERT
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Plaintiff,
No. 2:11-cv-00039-DAD
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v.
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CAROLYN W. COLVIN,
STIPULATION AND ORDER FOR
AWARD OF EAJA FEES
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COMMISSIONER OF SOCIAL SECURITY,
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Defendant.
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and
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with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under
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the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of three thousand,
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nine hundred dollars ($3900.00). This amount represents compensation for legal services
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rendered on behalf of Plaintiff by her counsel in connection with this civil action, in accordance
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with 28 U.S.C. 2412(d).
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.
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Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on
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whether the fees are subject to any offset allowed under the United States Department of the
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Treasury’s Offset Program. After the order to EAJA fees is entered, the government will
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determine if it is subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to
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be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant to the written assignment
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executed by Plaintiff. Any payments shall be delivered to Plaintiff’s counsel Joseph C. Fraulob.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
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attorney fees and does not constitute an admission of liability on the part of Defendant under the
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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any
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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in
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connection with this action.
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DATE: June 25, 2015
By /s/ Joseph Clayton Fraulob
JOSEPH CLAYTON FRAULOB
Attorney for plaintiff
DATE: June 25, 2015
BENJAMIN B. WAGNER
United States Attorney
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By /s/ Theophous H. Reagans
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(As authorized via email)
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THEOPHOUS H. REAGANS
Assistant Regional Counsel
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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: June 26, 2015
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Ddad1\orders.soc sec\ gilbert0039.stip.eaja.ord.doc
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