Allen v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/2/2016 ORDERING that Plaintiff be awarded attorney fees under the EAJA in the amount of $6,000.00; This amount represents compensation for all legal services rendered on behalf of Plaintiff , to date, by counsel in connection with this civil action, in accordance with 28:2412; This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42:406, subject to the offset provisions of the EAJA. (Reader, L)

1
2
3
4

SHELLIE LOTT, SBN: 246202
Cerney Kreuze & Lott, LLP
42 N. Sutter Street, Suite 400
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]

5
6

Attorney for Plaintiff

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO BRANCH

10
11

TOMMIE LEE ALLEN,
Plaintiff,

12
13

vs.

14

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

15
16

Case No.: 2:13-CV-01366-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

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 SIX THOUSAND DOLLARS ($6,000.00). This amount represents

22

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

23

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

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

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 Shellie Lott, 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: January 28, 2016

19
20

BENJAMIN B. WAGNER
United States Attorney
DEBORAH L. STACHEL
Acting Regional Chief Counsel

21
22
23

/s/ Shellie Lott
SHELLIE LOTT
Attorney for Plaintiff

/////

24

/////

25

/////

26

/////

27
28

/////

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

1
2

Date: January 28, 2016

3

/s/Annabelle J. Yang
(As authorized via email on 01/28/2016)
ANNABELLE J. YANG
Special Assistant United States Attorney

4
5

ORDER

6
7
8

Pursuant to the stipulation, it is so ordered.
Dated: February 2, 2016.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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