Wilson v. Commissioner of the Social Security Administration

Filing 26

STIPULATION and ORDER 25 for award of Equal Access to Justice Act (EAJA) Fees signed by Magistrate Judge Dale A. Drozd on 5/29/2015. Plaintiff is awarded $6,100.00 in attorney fees. (Marciel, M)

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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 JOLEEN D. WILSON 12 Plaintiff, 13 No. 2:13-cv-02229-DAD v. 14 CAROLYN W. COLVIN, 15 STIPULATION AND ORDER FOR AWARD OF EAJA FEES COMMISSIONER OF SOCIAL SECURITY, Defendant. 16 17 18 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 19 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 20 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of six thousand, one 21 hundred dollars ($6,100.00). This amount represents compensation for legal services rendered 22 on behalf of Plaintiff by her counsel in connection with this civil action, in accordance with 28 23 U.S.C. 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will consider 24 25 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 26 Ratliff, 130 S. Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 27 whether the fees are subject to any offset allowed under the United States Department of the 28 ///// -1- 1 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 2 determine if it is subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant to the written assignment 6 executed by Plaintiff. Any payments shall be delivered to Plaintiff’s counsel Joseph C. Fraulob. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees 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 10 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 11 connection with this action. 12 13 DATE: May 28, 2015 By /s/ Joseph Clayton Fraulob JOSEPH CLAYTON FRAULOB Attorney for plaintiff DATE: May 28, 2015 BENJAMIN B. WAGNER United States Attorney 14 15 16 17 18 19 By /s/ Francesco Benavides 20 (As authorized via email) 21 FRANCESCO BENAVIDES Assistant Regional Counsel 22 23 24 25 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. Dated: May 29, 2015 26 27 28 Ddad1\orders.soc sec\wilson2229.stip.eaja.ord.doc -2-

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