McCulloch v. Commissioner of Social Security

Filing 32

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/14 SETTLING Attorney's fees re 30 Motion for Attorney Fees. Plaintiff is awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND DOLLARS ($4,000.00). (Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel
Social Security Administration
THEOPHOUS H. REAGANS, CSBN 189450
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
160 Spear St Ste 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADELE MARIE MCCULLOCH,

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Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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No. 12-CV-02329-EFB
STIPULATION AND PROPOSED ORDER
SETTLING ATTORNEY’S 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 FOUR THOUSAND

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DOLLARS ($4,000.00). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.

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§ 2412(d).

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After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, The

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government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and

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costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to

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honor the assignment will depend on whether the fees, expenses and costs are subject to any

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offset allowed under the United States Department of the Treasury's Offset Program. After the

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order for EAJA fees, expenses and costs is entered, the government will determine whether they

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are subject to any offset.

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

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

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the payment of fees, expenses and costs to be made directly to Bess Brewer, pursuant to the

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assignment executed by Plaintiff, if there is an assignment. Any payments made shall be

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delivered to Plaintiff's counsel.

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

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attorney fees, expenses and costs, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to

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EAJA attorney fees and expenses and costs 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 provisions of the EAJA.

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Respectfully submitted,

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Dated: October 8, 2014

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/s/Bess Brewer
BESS BREWER
Attorney for Plaintiff
[as authorized by telephone]

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
/s/ Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant U.S. Attorney

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Attorneys for Defendant

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Dated: October 8, 2014

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By:

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ORDER

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APPROVED AND SO ORDERED.
DATED: October 9, 2014.

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