Freeman v. Commissioner of Social Security

Filing 23

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 11/18/2014 AWARDING the plaintiff attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of SEVEN THOUSAND FOUR HUNDRED DOLLARS ($7,400.00); AWARDING the plaintiff costs under 28 U.S.C. § 1920 in the amount of FOUR HUNDRED DOLLARS ($400.00). (Michel, G)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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WILLIAM FREEMAN,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

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) No. 2:13-cv-01388-AC
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) STIPULATION FOR AWARD OF EAJA
) FEES
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with

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the approval of the Court as provided below, 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 four hundred

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dollars ($7,400.00), and costs in the amount of four hundred dollars ($400) under 28 U.S.C. § 1920.

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This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel

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in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider the

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matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

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

EAJA Stip; 2:13-cv-01388-AC

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whether the fees are subject to any offset allowed under the United States Department of the

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Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine

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whether they are subject to any offset.

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Fees and costs 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 and costs to be made directly to plaintiff's counsel Joseph C. Fraulob, pursuant to the assignment

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executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel Joseph C.

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Fraulob.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney

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fees 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 connection with this

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action.

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Respectfully submitted,
Date: November 17, 2014

Law Offices of Hadley & Fraulob

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By:

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/s/ Joseph Clayton Fraulob*
JOSEPH CLAYTON FRAULOB
*By email authorization

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Attorney for Plaintiff

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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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By:

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/s/ Paul Sachelari
PAUL SACHELARI
Special Assistant United States Attorney
Attorneys for Defendant

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EAJA Stip; 2:13-cv-01388-AC

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ORDER

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APPROVED AND SO ORDERED.

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DATED: November 18, 2014

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EAJA Stip; 2:13-cv-01388-AC

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