Kmbuaar v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/29/2014 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of five thousand one hundred fifty ($5,150.00). (Zignago, K.)

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ANN M. CERNEY, SBN: 068748
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO BRANCH

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NARY YANG KMBUAAR,
Plaintiff,

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vs.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Case No.: 2:13-CV-00829-EFB

STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

Defendant

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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EAJA in the amount of FIVE THOUSAND ONE HUNDRED FIFTY ($5,150.00). This amount

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represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel

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in connection with this civil action, in accordance with 28 U.S.C. § 2412.

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

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will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's
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attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the
assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees

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and expenses is entered, the government will determine 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

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payment of fees, expenses and costs to be made directly to Ann M. Cerney, pursuant to the

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assignment executed 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 fees and expenses, 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 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

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Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
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Respectfully submitted,

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Dated: December 22, 2014
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/s/ Ann M. Cerney
ANN M. CERNEY
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel

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Date: December 22, 2014

/s/ Carolyn B. Chen
(As authorized via email on 12/22/14)
Special Assistant United States Attorney

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ORDER
Pursuant to the stipulation, it is so ordered.
DATE: December 29, 2014.