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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1 2 3 BESS M. BREWER, #100364 LAW OFFICE OF BESS M. BREWER & ASSOCIATES P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 509-7051 4 5 Attorneys for Plaintiff 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 DEBARA LEE AHNER Plaintiff, 13 14 15 16 17 v. CAROLYN W. COLVIN ACTING COMMISSIONER OF SSA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 12-cv-02327-AC STIPULATION & ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 18 19 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 20 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 21 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND ONE 22 HUNDRED TEN DOLLARS AND TEN CENTS ($6,110.10). This amount represents 23 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 24 civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees 25 and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of 26 EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (U.S. 27 June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses 28 are subject to any offset allowed under the United States Department of the Treasury’s Offset 1 1 Program. After the order for EAJA fees and expenses is entered, the government will determine 2 whether they are subject to any offset. 3 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 5 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed 6 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 8 fees and expenses, and does not constitute an admission of liability on the part of Defendant under 9 the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 10 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and 11 expenses in connection with this action. 12 13 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. 14 15 16 Dated: March 4, 2014 17 /s/Bess M. Brewer BESS M. BREWER Attorney at Law Attorney for Plaintiff 18 19 20 Dated: March 4, 2014 21 Benjamin B. Wagner United States Attorney 22 23 24 /s/ Armand Roth ARMAND ROTH Special Assistant United States Attorney Attorneys for Defendant 25 26 27 28 2 ORDER 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded 3 attorney fees in the amount of SIX THOUSAND ONE HUNDRED TEN DOLLARS AND TEN 4 CENTS ($6,110.10), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the 5 above-referenced Stipulation 6 7 DATED: March 4, 2014 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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