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)

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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: (415) 977-8961 Facsimile: (415) 744-0134 Email: 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-

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