Dalsis 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 besshelena@earthlink.net Attorneys for Plaintiff 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 CARI A. DALSIS xxx-xx-0697 10 11 12 Plaintiff, v. 13 14 15 CAROLYN W. COLVIN ACTING COMMISSIONER OF SSA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2:13-cv-1559 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 counsel, 18 subject to the Court=s approval, that Plaintiff be awarded attorney fees under the Equal Access to 19 Justice Act (EAJA), 28 U.S.C. ' 2412(d), in the amount of FIVE THOUSAND TWO HUNDRED 20 SEVENTY SEVEN DOLLARS AND FIFTY EIGHT CENTS ($5277.58). This amount represents 21 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 22 civil action, in accordance with 28 U.S.C. ' 2412(d). After the Court issues an order for EAJA fees and 23 expenses to Plaintiff, the government will consider the matter of Plaintiff=s assignment of EAJA fees 24 and expenses to Plaintiff=s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), 25 the ability to honor the assignment will depend on whether the fees and expenses are subject to any 26 offset allowed under the United States Department of the Treasury=s Offset Program. After the order 27 28 1 for EAJA fees and expenses is entered, the government will determine whether they are subject to any 2 offset. 3 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 5 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed 6 by Plaintiff. Any payments made shall be delivered to Plaintiff=s counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 8 fees and expenses, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all 10 claims that Plaintiff and/or Plaintiff=s counsel may have relating to EAJA attorney fees and expenses 11 in connection with this action. 12 13 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. 14 15 16 Dated: April 14, 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/ Sharon Lahey SHARON LAHEY Special Assistant United States Attorney Attorneys for Defendant 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 ORDER 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 dalsis1559.stip.eaja.ord.docx

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