Gonzalez v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/16/14 re: 23 ORDERING that Plaintiff shall be awarded attorney fees in the amount of $4,500.00 as authorized by 28 USC §2412(d), subject to the terms of the 23 Stipulation. (Meuleman, A)

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BESS M. BREWER, #100364
LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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EMMA L. GONZALEZ
xxx-xx-8707

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Plaintiff,

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v.
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CAROLYN W. COLVIN
ACTING COMMISSIONER OF SSA,
Defendant.

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Case No. 13-cv-01359-EFB

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel,

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subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice

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Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS

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AND ZERO CENTS($4,500.00). This amount represents compensation for all legal services rendered

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

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2412(d). After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will

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consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant

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to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend

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on whether the fees and expenses are subject to any offset allowed under the United States Department

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of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the government

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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 payment of

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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed by

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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

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and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA.

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Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims

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that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses

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inconnection 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 offset provisions of the EAJA.

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Dated: November 26, 2014

/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff

Dated: November 26, 2014

Benjamin B. Wagner
United States Attorney
/s/ Scott Borrowman
SCOTT BORROWMAN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in

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the amount of FOUR THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS($4,500.00),

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as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation

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DATED:

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December 16, 2014

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HONORABLE EDMUND F. BRENNAN
U.S. MAGISTRATE JUDGE