Kreisher v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 12/23/13 re: 23 APPROVING Settlement of Attorney Fees. (Meuleman, A)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
ANNABELLE J. YANG
Special Assistant United States Attorney

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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
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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REBECCA KREISHER,

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Plaintiff,
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v.
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CAROLYN W. COLVIN1,
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Acting Commissioner of
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Social Security,
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Defendant.
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____________________________________)

No. 2:12-cv-00530 DAD
STIPULATION AND
ORDER APPROVING SETTLEMENT OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412(d) AND COSTS PURSUANT
TO 28 U.S.C. § 1920

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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counsel, that Plaintiff’s previously filed Motion for Equal Access to Justice Act Fees is hereby

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withdrawn.

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the

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amount of five-thousand, nine-hundred dollars ($5,900.00) under the Equal Access to Justice Act
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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Michael J. Astrue as the
defendant in this suit. No further action need to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Case No. 2:12-cv-00530-DAD

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(EAJA), 28 U.S.C. § 2412(d), and zero dollars ($0.00) in costs under Taxation of Costs, 28

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U.S.C. § 1920. 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. §§

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2412(d), 1920.

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After the Court issues an order for EAJA fees to Plaintiff, the Defendant will consider
any assignment of EAJA fees to Plaintiff’s counsel, Bess M. Brewer. Pursuant to Astrue v.

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Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend
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on whether the fees are subject to any offset allowed under the United States Department of the

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Treasury's Offset Program. After the order for EAJA fees is entered, the Defendant will

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determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to
be made directly to Bess M. Brewer, pursuant to any assignment executed by Plaintiff. Any

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payments made shall be delivered to Plaintiff’s counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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attorney fees and does not constitute an admission of liability on the part of Defendant under the

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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in

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connection with this action. This award is without prejudice to the rights of Plaintiff’s counsel to

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seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
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provisions of the EAJA.

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Case No. 2:12-cv-00530-DAD

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Respectfully submitted,

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Dated: December 20, 2013

By:

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/s/ Bess M. Brewer*
*as authorized by email on 12/20/13
BESS M. BREWER
Attorney for Plaintiff

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Dated: December 20, 2013

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

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By:

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/s/ Annabelle J. Yang
ANNABELLE J. YANG
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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The parties’ stipulation is APPROVED AND IT IS SO ORDERED.
Dated: December 23, 2013

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Ddad1\orders.soc sec\kreisher0530.stip.eaja.ord.docx

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Case No. 2:12-cv-00530-DAD