Anderson v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/20/2013 ORDERING that attorney fees are awarded in the amount of $4,476.00, pursuant to the provisions of U.S.C. § 2414(d). (Zignago, K.)

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1 2 3 4 Mark J Hannon SBN: 107829 Attorney At Law 1114 West Fremont Street Stockton, CA 95203 Telephone: (209) 942-2229 Facsimile: (209) 942-3973 Attorney for Plaintiff 5 UNITED STATES DISTRICT COURT 6 7 EASTERN DISTRICT OF CALIFORNIA 8 SACRAMENTO DIVISION 9 10 GEORGE WAYNE ANDERSON Plaintiff, 11 12 13 14 vs. COMMISSIONER OF SOCIAL SECURITY, Defendant ) ) ) ) ) ) ) ) ) ) No. 2:12-cv-02575 EFB JOINT STIPULATION SETTLING ATTORNEY FEES PURSUANT TO U.S.C. § 2414 (d) AND PROPOSED ORDER 15 16 17 18 The parties, through their undersigned attorneys, hereby stipulate to plaintiff’s motion for EAJA attorneys fees pursuant to U.S.C. § 2414 (d) requesting the sum of $4,476.00. After the Court issues an order for EAJA fees to Plaintiff, the government will consider 19 the matter of his assignment of EAJA fees to counsel, Mark J. Hannon. The retainer 20 21 agreement containing the assignment is attached as Exhibit 1. Pursuant to Astrue v. Ratliff, 130 22 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether the fees are 23 subject to any offset allowed under the United States Department of the Treasury’s Offset 24 Program. After the order for EAJA fees is entered, the government will determine whether they 25 26 27 28 are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that he does not owe a federal debt, then the government shall cause the payment of fees to be 1 1 made directly to counsel, pursuant to the assignment executed by Plaintiff. Any payments made 2 shall be delivered to counsel. 3 Dated: September 16, 2013 /s/ Mark J Hannon___________________ MARK J HANNON Attorney for Plaintiff 4 5 6 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration l 7 8 9 10 Dated: September 16, 2013 By: /s/ Timothy R. Bolin TIMOTHY R. BOLIN Special Assistant United States Attorney Attorneys for Defendant 11 12 13 14 Upon stipulation of the parties, and good cause appearing on the record, the plaintiff in 15 2:12-cv-02575 EFB, George Anderson v the Commissioner of Social Security, is hereby 16 awarded attorney fees in the amount of $4,476.00, pursuant to the provisions of U.S.C. § 2414 17 (d) 18 APPROVED AND SO ORDERED. 19 20 Dated: September 20, 2013. 21 22 23 24 25 26 27 28 2

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