Stoughton v. Commissioner of Social Security
Filing
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 11/20/2014 GRANTING 22 Motion for Attorney Fees under Equal Access to Justice Act (EAJA). Plaintiff shall be awarded fees in amount of $5,800.00 subject to terms of Stipulation. (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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DAVID ALLEN STOUGHTON
xxx-xx-4798
Plaintiff,
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v.
CAROLYN W. COLVIN
ACTING COMMISSIONER OF SSA,
Defendant.
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Case No. 2:13-cv-1403 AC
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
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counsel, subject to the Court’s approval, 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 FIVE THOUSAND EIGHT
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HUNDRED DOLLARS AND ZERO CENTS($5,800.00). This amount represents compensation for
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all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in
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accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to
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Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and
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expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the
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ability to honor the assignment will depend on whether the fees and expenses are subject to any
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offset allowed under the United States Department of the Treasury’s Offset Program. After the order
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for EAJA fees and expenses is entered, the government will determine whether they are subject to any
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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 in
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connection 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 17, 2014
/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff
Dated: November 17, 2014
Benjamin B. Wagner
United States Attorney
/s/ Carolyn Chen
CAROLYN CHEN
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
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CENTS($5,800.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced
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Stipulation
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DATED: November 20, 2014
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amount
of
FIVE
THOUSAND
EIGHT
HUNDRED
DOLLARS
AND
ZERO
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