Ahner v. Commissioner of Social Security

Filing 29

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 3/4/2014 ORDERING 28 that Plaintiff shall be awarded attorney fees in the amount of $6,110.10, as authorized by 28:2412(d), subject to the terms in this Stipulation. (Reader, L)

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BESS M. BREWER, #100364
LAW OFFICE OF
BESS M. BREWER & ASSOCIATES
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]

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Attorneys for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEBARA LEE AHNER
Plaintiff,

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v.
CAROLYN W. COLVIN
ACTING COMMISSIONER OF SSA,
Defendant.

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Case No. 12-cv-02327-AC

STIPULATION & ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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

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counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal

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

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HUNDRED TEN DOLLARS AND TEN CENTS ($6,110.10). This amount represents

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

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civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees

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and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of

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EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S.

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June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses

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are subject to any offset allowed under the United States Department of the Treasury’s Offset
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Program. After the order for EAJA fees and expenses is entered, the government will determine

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whether they are subject to any offset.

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

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

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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed

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by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney

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

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the 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 and

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expenses in 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 offset provisions of the EAJA.

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Dated: March 4, 2014

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/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff

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Dated: March 4, 2014
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Benjamin B. Wagner
United States Attorney

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/s/ Armand Roth
ARMAND ROTH
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded

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attorney fees in the amount of SIX THOUSAND ONE HUNDRED TEN DOLLARS AND TEN

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CENTS ($6,110.10), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the

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above-referenced Stipulation

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DATED: March 4, 2014

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