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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1 7 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: (415) 977-8981 Facsimile: (415) 744-0134 E-mail: Sundeep.Patel@ssa.gov 8 Attorneys for Defendant 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 18 ) ) CIVIL NO. 11-2486!AC Plaintiff, ) ) v. ) STIPULATION AND ORDER APPROVING ) SETTLEMENT OF ATTORNEY FEES MICHAEL J. ASTRUE, ) PURSUANT TO THE EQUAL ACCESS TO Commissioner of ) JUSTICE ACT Social Security, ) ) Defendant. ) _________________________________) IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, 19 subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice 20 Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND DOLLARS AND ZERO 21 CENTS ($4,000). This amount represents compensation for all legal services rendered on behalf of 22 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 12 13 14 15 16 17 23 GURBAX KAUR, After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will 24 consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. 25 Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment 26 will depend on whether the fees and expenses are subject to any offset allowed under the United States 27 Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, 28 the government will determine whether they are subject to any offset. 1 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 3 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed by 4 Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees 6 and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. 7 Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims 8 that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in 9 connection with this action. 10 11 12 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 13 BESS M. BREWER Attorney for Plaintiff 14 15 BENJAMIN B. WAGNER United States Attorney 16 17 Dated: August 14, 2013 18 19 20 21 22 /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 23 24 25 ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 26 27 28 /mb;kaur2486.fees.stip 2

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