Jurado v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER 24 signed by Magistrate Judge Craig M. Kellison on 6/7/1/12 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 $4,400.00. (Kastilahn, A)

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ANN M. CERNEY, SBN: 068748
Attorney at Law
45 Hunter Square Plaza
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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ALBERT JURADO,

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CASE NO. 2:11-CV-01489-CMK
Plaintiff,

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vs.

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STIPULATION AND PROPOSED 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 FOUR THOUSAND

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FOUR HUNDRED DOLLARS AND 00/CENTS ($4,400.00). 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. §[§ 1920,] 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, – S.Ct. – , 2010 WL 2346547 (U.S. June 14, 2010), the

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ability to honor the assignment will depend on whether the fees and expenses are subject to any

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

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offset allowed under the United States Department of the Treasury’s Offset Program. After the

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order for EAJA fees and expenses is entered, the government will determine whether they are

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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
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: June 5, 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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/s/ David Lerch

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Date: June 5, 2012
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DAVID LERCH
(by email authorization on 6/5/12)
Special Assistant United States Attorney
Attorneys for Defendant

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

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ORDER
APPROVED AND SO ORDERED:

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DATED: June 7, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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