Charpentier v. Commissioner of Social Security

Filing 21

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 11/10/2014 AWARDING the plaintiff attorney fees in the amount of FOUR THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS ($4,400.00), as authorized by 28 U.S.C. § 2412(d). (Michel, G)

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1 2 3 4 5 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 6 7 8 TIFFANY ANN CHARPENTIER xxx-xx-8434 9 10 11 Plaintiff, v. 12 13 14 CAROLYN W. COLVIN ACTING COMMISSIONER OF SSA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 13-cv-01479-EFB STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 15 16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 17 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 18 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND FOUR 19 HUNDRED DOLLARS AND ZERO CENTS($4,400.00). This amount represents compensation for 20 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 21 accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to 22 Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and 23 expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the 24 ability to honor the assignment will depend on whether the fees and expenses are subject to any 25 offset allowed under the United States Department of the Treasury’s Offset Program. After the order 26 for EAJA fees and expenses is entered, the government will determine whether they are subject to 27 any offset. 28 1 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 3 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed 4 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 6 attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant 7 under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, 8 any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 9 and expenses in connection with this action. 10 11 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. 12 13 14 Dated: November 7, 2014 /s/Bess M. Brewer BESS M. BREWER Attorney at Law Attorney for Plaintiff Dated: November 7, 2014 Benjamin B. Wagner United States Attorney /s/ Sundeep Patel SUNDEEP PATEL Special Assistant United States Attorney Attorneys for Defendant 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney 3 fees in the amount of FOUR THOUSAND FOUR HUNDRED DOLLARS AND ZERO 4 CENTS($4,400.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced 5 Stipulation. 6 DATED: November 10, 2014. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________ HONORABLE EDMUND F. BRENNAN U.S. MAGISTRATE JUDGE

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