Hernandez v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/4/2014 ORDERING that Plaintiff is awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE THOUSAND EIGHT HUNDRED and FIFTY DOLLARS ($3,850.00). (Zignago, K.)

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BENJAMIN B.WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
CYNTHIA B. DE NARDI, CSBN 256770
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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SAMMIE HERNANDEZ,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Case No. 2:12-cv-2150-KJN
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d) AND
ORDER AWARDING ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

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

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE

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THOUSAND EIGHT HUNDRED and FIFTY DOLLARS ($3,850.00). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with

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this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v.
-12:12-cv-2150-KJN; EAJA Fee Stipulation

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Ratliff, 130 S. Ct. 2521, 2252-2253 (2010), the ability to honor the assignment will depend on

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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 government 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

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to

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be made directly to LAW OFFICE BESS M. BREWER & ASSOCIATES pursuant to the

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assignment executed by Plaintiff. Any payments made shall be delivered to BESS M.

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BREWER.

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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.

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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 savings clause provisions of the EAJA.

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DATE: May 22, 2014

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By: s/ Bess M. Brewer *
Bess M. Brewer
Law Office of Bess M. Brewer
Attorney for Plaintiff
(*by email authorization 5/22/14)

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Date: May 27, 2014

BENJAMIN B.WAGNER
United States Attorney

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By: s/Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant United States Attorney
Attorneys for Defendant

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-22:12-cv-2150-KJN; EAJA Fee Stipulation

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Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal
Access to Justice Act (EAJA) (Stipulation),
IT IS ORDERED that EAJA fees are awarded in the amount of THREE THOUSAND

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EIGHT HUNDRED and FIFTY DOLLARS ($3,850.00) subject to the terms of the Stipulation.

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Dated: June 4, 2014

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-32:12-cv-2150-KJN; EAJA Fee Stipulation