Singh v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 11/19/13 ORDERING that EAJA fees are awarded in the amount of $5,200.00 subject to the terms of the stipulation. (Meuleman, A)

1
2
3
4
5
6
7
8
9

BENJAMIN B.WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
CYNTHIA B. DE NARDI, CSBN 256770
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

10
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

11
12
13
14
15
16
17
18

AMARJIT SINGH,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

19

)
)
)
)
)
)
)
)
)
)
)
)
)

No. 2:11-cv-2309-DAD
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d) AND
ORDER

20
21
22
23

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

24

counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

25

Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND

26

TWO HUNDRED DOLLARS ($5,200.00). This amount represents compensation for all legal

27

services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

28

accordance with 28 U.S.C. §§ 1920, 2412(d).

-1-

1

After the Court issues an order for EAJA fees to Plaintiff, the government will consider

2

the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

3

Ratliff, 130 S. Ct. 2521, 2252-2253 (2010), the ability to honor the assignment will depend on

4

whether the fees are subject to any offset allowed under the United States Department of the

5

Treasury’s Offset Program. After the order for EAJA fees is entered, the government will

6

determine whether they are subject to any offset.

7

Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

8

that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, to

9

be made directly to LAW OFFICE BESS M. BREWER & ASSOCIATES pursuant to the

10

assignment executed by Plaintiff. Any payments made shall be delivered to BESS M.

11

BREWER.

12

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

13

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

14

EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

15

and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees

16

connection with this action.

17
18

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 savings clause provisions of the EAJA.

19
20

DATE: November 18, 2013

21

By: s/Bess M. Brewer*
Attorney for Plaintiff
(*by email authorization 11/18/13)

22
23
24

Date: November 18, 2013

BENJAMIN B.WAGNER
United States Attorney

25
26
27
28

By: s/Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant United States Attorney
Attorneys for Defendant

-2-

1
2

ORDER
Pursuant to the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal

3

Access to Justice Act (EAJA) (Stipulation), IT IS ORDERED that EAJA fees are awarded in

4

the amount of FIVE THOUSAND TWO HUNDRED DOLLARS ($5,200.00) subject to the

5

terms of the Stipulation.

6

Dated: November 19, 2013

7
8
9
10
11
12
13
14
15
16

Ddad1\orders.soc sec\singh2309.stip.attyfees.eaja.ord.doc

17
18
19
20
21
22
23
24
25
26
27
28

-3-