Klev v. Commissioner of Social Security

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/3/2013 ORDERING that Plaintiff shall be awarded attorney fees in the amount of SEVEN THOUSAND, FIVE-HUNDRED DOLLARS AND ZERO CENTS ($7,500.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
LYNN M. HARADA, CSBN 267616
Special Assistant United States Attorney
160 Spear Street, Suite 800
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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CIVIL NO. 2:11-CV-00863-AC
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Plaintiff,
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STIPULATION AND PROPOSED ORDER
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APPROVING SETTLEMENT OF
v.
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ATTORNEY FEES PURSUANT TO THE
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EQUAL ACCESS TO JUSTICE ACT
MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)
IT IS HEREBY STIPULATED, by and between the parties, through their undersigned counsel,

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that the Motion for an Award of Attorney’s Fees Under the Equal Access to Justice Act previously filed

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by Plaintiff’s counsel is hereby withdrawn.

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RHONDA KLEV,

IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel,

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subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice

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Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SEVEN THOUSAND, FIVE-HUNDRED

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DOLLARS AND ZERO CENTS ($7,500.00). This amount represents compensation for all legal

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services rendered on behalf of Plaintiff by 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 and expenses to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney.

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Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment

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

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Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered,

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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, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed by

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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 offset provisions of the EAJA.
Respectfully submitted,

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Dated: December 20, 2012

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By: /s/ Bess M. Brewer
(As authorized by email on 12/20/12)
BESS M. BREWER
Attorney for Plaintiff

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

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Dated: December 20, 2012

By: /s/ Lynn M. Harada
LYNN M. HARADA
Special Assistant United States Attorney
Attorneys for Defendant

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Stip. & Prop. Order for EAJA Fees; 2:11-CV-00863-AC

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in

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the amount of SEVEN THOUSAND, FIVE-HUNDRED DOLLARS AND ZERO CENTS ($7,500.00),

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as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.

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Dated: January 3, 2013.

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`
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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Stip. & Prop. Order for EAJA Fees; 2:11-CV-00863-AC

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