Nelson v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 12/12/2013 ORDERING 19 that Plaintiff be awarded attorney fees under the EAJA in the amount of $4,050.00. This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28:2412. (Reader, L)

1
2
3
4
5
6

Ann M. Cerney, SBN: 068748
CERNEY KREUZE & LOTT, LLP
42 N. Sutter Street, Suite 400
Stockton, CA 95202
[phone]
Attorney for Plaintiff

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TONY DEVON NELSON,

12
13
14
15
16

Plaintiff,
v.

No. 2:12-cv-00478-DAD
STIPULATION AND ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Defendant.

17
18
19
20
21
22

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 FOUR THOUSAND FIFTY dollars ($4,050.00). This amount represents
compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in

23
24
25

connection with this civil action, in accordance with 28 U.S.C. § 2412.
After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

26

will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's

27

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

28
1

1

assignment will depend on whether the fees and expenses are subject to any offset allowed under

2

the United States Department of the Treasury's Offset Program. After the order for EAJA fees

3

and expenses is entered, the government will determine whether they are subject to any offset.

4

Fees and expenses shall be made payable to Plaintiff, but if the Department of the

5
6
7
8
9
10
11
12

Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause
the payment of fees, expenses and costs to be made directly to Ann M. Cerney, pursuant to the
assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
attorney fees and expenses, and does not constitute an admission of liability on the part of
Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

13
14
15

EAJA attorney fees and expenses in connection with this action.
This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security

16

Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.

17

Dated: December 6, 2013

18

/s/ Ann M. Cerney
ANN M. CERNEY
Attorney for Plaintiff

19
BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

20
21
22
23
24
25
26

Date: December 6, 2013

/s/ Sundeep Patel
SUNDEEP PATEL
Special Assistant U. S. Attorney
(As authorized via email on 12/06/13)
Attorneys for Defendant

27
28
2

1
2
3

ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: December 12, 2013

4
5
6
7

Ddad1\orders.soc sec\nelson0478.attyfees.eaja.stip.docx

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3