Clark v Commissioner of Social Security

Filing 27

STIPULATION AND ORDER for the award and payment of Attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) signed by Magistrate Judge Craig M. Kellison on 5/15/13. (Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 7 BENJAMIN W AGNER CSBN 163581 United States Attorney GRACE M. KIM SBN IL 6203390 Regional Chief Counsel, Region IX Social Security Administration ELIZABETH BARRY CSBN 203314 Special Assistant United States Attorney 160 Spear Street, 8th Floor San Francisco, California 94105 Telephone: (415) 977-8972 Facsimile: (415) 744-0134 Email: Elizabeth.Barry@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 10 11 CHERRHONDA LEE ANN CLARK, 12 Plaintiff, 13 v. 14 15 COMMISSIONER OF SOCIAL SECURITY, 16 17 Defendant. ) ) ) ) ) ) ) ) ) Case No. CIV-2:12-cv-00479-CMK STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) ) ) __________________________________ ) 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 19 subject to the approval of the Court, that Cherrhonda Lee Ann Clark will be awarded attorney fees in the 20 amount of four-thousand and ninety-four dollars and fifty-five cents ($4,094.55) under the Equal Access 21 to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services 22 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 23 U.S.C. § 2412(d). Plaintiff further withdraws her Petition for Attorney’s Fees (Doc. 25) in favor of this 24 stipulation. 25 After the Court issues an order for EAJA fees to Cherrhonda Lee Ann Clark, the Defendant will 26 consider any assignment of EAJA fees to Ann M. Cerney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 27 2252-2253 (2010), the ability to honor any such assignment will depend on whether the fees are subject 28 to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will determine whether they are subject to any offset. 1 Fees shall be made payable to Cherrhonda Lee Ann Clark, but if the Department of the Treasury 2 determines that Cherrhonda Lee Ann Clark does not owe a federal debt, then the government shall cause 3 the payment of fees to be made directly to the Ann M. Cerney, pursuant to any assignment executed by 4 Plaintiff. Any payments made shall be delivered to Ann M. Cerney. 5 This stipulation constitutes a compromise settlement of Cherrhonda Lee Ann Clark’s request for 6 EAJA attorney fees and does not constitute an admission of liability on the part of Defendant under the 7 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all 8 claims that Cherrhonda Lee Ann Clark and/or Ann M. Cerney may have relating to EAJA attorney fees 9 in connection with this action. This award is without prejudice to the rights of Ann M. Cerney to seek 10 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of 11 the EAJA. 12 Respectfully submitted, 13 Dated: May 8, 2013 14 15 16 /s/ Ann M. Cerney (as authorized via telephone) ANN M. CERNEY Attorney for Plaintiff BENJAMIN WAGNER United States Attorney 17 Dated: May 8, 2013 18 19 By /s/ Elizabeth Barry ELIZABETH BARRY Special Assistant U.S. Attorney Attorneys for Defendant 20 21 22 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 25 26 DATED: May 15, 2013 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?