Kaur v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 8/19/2013 ORDERING that Plaintiff shall be awarded attorney fees in the amount of four thousand dollars and zero cents ($4,000), as authorized by 28 U.S.C. § 2412(d). (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
SUNDEEP R. PATEL
Special Assistant United States Attorney
Social Security Administration
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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CIVIL NO. 11-2486!AC
Plaintiff,
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v.
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STIPULATION AND ORDER APPROVING
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SETTLEMENT OF ATTORNEY FEES
MICHAEL J. ASTRUE,
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PURSUANT TO THE EQUAL ACCESS TO
Commissioner of
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JUSTICE ACT
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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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 FOUR THOUSAND DOLLARS AND ZERO

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CENTS ($4,000). This amount represents compensation for all legal services rendered on behalf of

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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).

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GURBAX KAUR,

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 (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.
Dated: August 14, 2013

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BESS M. BREWER
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney

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Dated: August 14, 2013

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/s/Bess Brewer
(As authorized via email)

/s/ Sundeep R. Patel
SUNDEEP R. PATEL
Special Assistant United States Attorney

PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney
fees in the amount of FOUR THOUSAND DOLLARS AND ZERO CENTS ($4,000), as authorized by
28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.
DATED: August 19, 2013

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;kaur2486.fees.stip

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