Ushakova v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER FOR THE AWARD OF ATTORNEY FEES signed by Magistrate Judge Kendall J. Newman on 11/08/12 ORDERING that Plaintiff be awarded attorney fees $2,742.71. 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. (Benson, A.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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GALINA USHAKOVA,
Plaintiff,
vs.

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MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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__________________________

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CASE NO. 2:11-CV-01920-KJN
STIPULATION AND ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
subject to the approval of the Court, that the previously filed Equal Access to Justice Act (EAJA)
application is hereby withdrawn.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
subject to the approval of the Court, that Plaintiff be awarded attorney fees under the EAJA in the
amount of TWO THOUSAND SEVEN HUNDRED FORTY-TWO dollars and 71 cents ($2,742.71).

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Stip. & Order for EAJA

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This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by

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counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.

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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.

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

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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 Jesse S. Kaplan, pursuant to the assignment executed

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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

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fees and expenses, and does not constitute an admission of liability on the part of Defendant under

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the 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 and

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expenses in connection with this action.

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Stip. & Order for EAJA

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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 November 6, 2012

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Dated: November 6, 2012

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Respectfully submitted,
/s/ Jesse S. Kaplan
(As authorized via email)
JESSE S. KAPLAN
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney

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Date: November 6, 2012

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By s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue

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Stip. & Order for EAJA

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ORDER

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Pursuant to stipulation, it is so ordered.

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Date: 11/8/2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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Stip. & Order for EAJA

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