Spencer v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/2014 ORDERING 20 that Plaintiff is awarded attorney fees under the Equal Access to Justice Act in the amount of $4,500.00, as authorized by 28:2412(d), subject to the terms of the Stipulation. (Reader, L)

1
2
3
4

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

5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL BRIEN SPENCER,
Plaintiff,

12
13

vs.

14

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

15

16

No. 2:13-cv-01074-DAD

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

Defendant

17
18
19

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

20
21

EAJA in the amount of FOUR THOUSAND FIVE HUNDRED ($4,500.00). This amount

22

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

23

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

24

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

25

will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's
26
27
28

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

1

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

2

and expenses is entered, the government will determine 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
5

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

6

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

7

assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.

8
9

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

10
11

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

12

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

13

EAJA attorney fees and expenses in connection with this action.

14

This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security

15

Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
16

Respectfully submitted,

17
18

Dated: December 3, 2014

19

/s/ Ann M. Cerney
ANN M. CERNEY
Attorney for Plaintiff

20

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

21
22
23
24
25
26
27
28

Date: December 3, 2014

/s/ Jeffrey T. Chen
(As authorized via email on 12/02/14)
Special Assistant United States Attorney

1
2
3

ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: December 18, 2014

4
5
6
7
8
9
10
11
12
13
14
15

16
17
18
19
20
21
22
23
24
25
26
27
28

Ddad1\orders.soc sec
spencer1074.stip.eaja.ord.docx