Pekarek v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 4/16/15 re: 23 APPROVING Settlement of Attorney Fees Pursuant to the Equal Access to Justice Act. (Meuleman, A)

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1 2 3 4 BESS M. BREWER, #100364 LAW OFFICE OF BESS M. BREWER P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 385-7517 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 6 7 8 DWAYNE TODD PEKAREK xxx-xx-9287 9 10 11 12 Plaintiff, v. 13 14 15 CAROLYN W. COLVIN ACTING COMMISSIONER OF SSA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:13-cv-1451 DAD STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 16 17 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 18 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 19 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND SIX 20 HUNDRED EIGHTY 21 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 22 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an 23 order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff’s 24 assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 25 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and 26 expenses are subject to any offset allowed under the United States Department of the Treasury’s 27 Offset Program. After the order for EAJA fees and expenses is entered, the government will 28 EIGHT DOLLARS AND FORTY CENTS ($4,688.40). This amount 1 2 determine whether they are subject to any offset. Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 3 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 4 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed 5 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 6 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 7 fees and expenses, and does not constitute an admission of liability on the part of Defendant under 8 the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and 10 expenses in connection with this action. 11 12 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. 13 14 15 Dated: April 15, 2015 /s/Bess M. Brewer BESS M. BREWER Attorney at Law Attorney for Plaintiff Dated: April 15, 2015 Benjamin B. Wagner United States Attorney /s/ Theophous Reagans THEOPHOUS REAGANS Special Assistant United States Attorney Attorneys for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER 1 2 3 Pursuant to the parties’ stipulation, IT IS SO ORDERED. Dated: April 16, 2015 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 pekarek1451.stip.eaja.ord.rtf

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