Maldonado v. Commissioner of Social Security

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/15/2014 ORDERING 28 that EAJA fees are awarded in the amount of $7,000.00 subject to the terms of the parties' Stipulation. (Reader, L)

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Jared T. Walker (SB#269029)
2020 Capitol Avenue
Suite 7
Sacramento, CA 95811
T: [phone]
F: [phone]
[e-mail]
Attorney for Plaintiff,
ANTHONY MALDONADO

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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Case No. 2:13-cv-00385-EFB
STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 38 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 Equal

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

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DOLLARS ($7,000.00). 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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1920, 2412(d).

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Upon the Court’s issuance of an order granting EAJA fees to plaintiff, the government will

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consider the issue of plaintiff’s assignment of EAJA fees to plaintiff’s attorney. Pursuant to Astrue

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v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the

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fees 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 is entered, the government will determine if they are subject

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to any offset.

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If the Department of the Treasury determines that plaintiff does not owe a federal debt, then

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the government will cause the payment of fees to be made directly to plaintiff’s attorney, LAW
STIPULATION AND PROPOSED ORDER
FOR AWARD OF EAJA ATTORNEY FEES

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OFFICE OF JARED T. WALKER, P.C., pursuant to the assignment executed by plaintiff. Any
payments made will be delivered to JARED T. WALKER.
This stipulation constitutes a compromise settlement of plaintiff’s request for EAJA attorney
fees and does not constitute an admission of liability on the part of defendant under the EAJA.
Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims
that plaintiff and/or plaintiff’s counsel may have relating to EAJA attorney fees in connection with
this action.
This award is without prejudice to the rights of plaintiff’s counsel to seek Social Security
attorney fees under 42 U.S.C. § 406, subject to the savings clause provisions of the EAJA.

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Dated: December 10, 2014

Respectfully submitted,

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__/s/ Jared Walker______________
JARED T. WALKER,
Attorney for Plaintiff Anthony Maldonado

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration

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Dated: December 10, 2014

/s/ Tina R. Saladino*
[*As authorized via e-mail on 12/10/2014]
TINA R. SALADINO
Special Assistant United States Attorney

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ORDER
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Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access
to Justice Act (EAJA), IT IS ORDERED that EAJA fees are awarded in the amount of SEVEN
THOUSAND DOLLARS ($7,000.00) subject to the terms of the parties’ Stipulation.
Dated: December 15, 2014.

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-2STIPULATION AND PROPOSED ORDER
FOR AWARD OF EAJA ATTORNEY FEES