Pegany v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 5/15/15 awarding attorney fees for plaintiff under the EAJA 28 U.S.C. 2412(d) in the amount of $4950.00. (Manzer, C)

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1 2 3 4 5 HADLEY & FRAULOB A Professional Law Corporation 230 Fifth Street Marysville, CA 95901 (916) 743-4458 FAX (530) 743-5008 JOSEPH C. FRAULOB – CA State Bar #194355 Attorney For Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANMOHAN PEGANY 12 Plaintiff, No. 2:13-cv-01851 DAD 13 v. STIPULATION AND ORDER FOR AWARD OF EAJA FEES 14 15 16 COMMISSIONER OF SOCIAL SECURITY, Defendant. 17 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 18 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 19 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of four thousand, 20 nine hundred and fifty dollars ($4950.00). This amount represents compensation for legal 21 services rendered on behalf of Plaintiff by his counsel in connection with this civil action, in 22 accordance with 28 U.S.C. 2412(d). 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 24 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 25 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States Department of the 27 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 28 determine if it is subject to any offset. -1- 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 3 be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant to the written assignment 4 executed by Plaintiff. Any payments shall be delivered to Plaintiff’s counsel Joseph C. Fraulob. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 6 attorney fees and does not constitute an admission of liability on the part of Defendant under the 7 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 8 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 9 connection with this action. 10 11 DATE: May 4, 2015 By /s/ Joseph Clayton Fraulob JOSEPH CLAYTON FRAULOB Attorney for plaintiff DATE: May 4, 2015 BENJAMIN B. WAGNER United States Attorney 12 13 14 15 16 17 By /s/ Cynthia B. De Nardi 18 (As authorized via email) 19 CYNTHIA B. DE NARDI Assistant Regional Counsel 20 21 22 23 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. Dated: May 15, 2015 24 25 26 27 Ddad1/orders.soc sec pegany1851.stip.eaja.ord.doc 28 -2-

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