Howard v. Commissioner of Social Security

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 11/20/14 ORDERING that Plaintiff shall be awarded attorney fees in the amount of THREE THOUSAND EIGHT HUNDRED AND FIFTEEN DOLLARS AND ZERO CENTS ($3,815.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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HARRY HOWARD
xxx-xx-9055
Plaintiff,

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v.
CAROLYN W. COLVIN
ACTING COMMISSIONER OF SSA,
Defendant.

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Case No. 2:13-cv-2237 AC

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of THREE THOUSAND EIGHT

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HUNDRED AND FIFTEEN DOLLARS AND ZERO CENTS($3,815.00). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this

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civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees

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and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA

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fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14,

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2010), the ability to honor the assignment will depend on whether the fees and expenses are subject

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to any offset allowed under the United States Department of the Treasury’s Offset Program. After

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the order for EAJA fees and expenses is entered, the government will determine whether they are

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subject to any offset.

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Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury

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determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of

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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed by

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Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.

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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees

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and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA.

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Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims

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that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in

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connection with this action.

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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.

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Dated: November 17, 2014

/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff

Dated: November 17, 2014

Benjamin B. Wagner
United States Attorney
/s/ Carolyn Chen
CAROLYN CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in

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the amount of THREE THOUSAND EIGHT HUNDRED AND FIFTEEN DOLLARS AND ZERO

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CENTS($3,815.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced

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Stipulation

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DATED: November 20, 2014

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