Crawford v. Social Security Administration

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/15 ORDERING that Plaintiff is AWARDED attorney fees under the EAJA in the amount of $3,400.00. (Kastilahn, A)

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RICHARD A. WHITAKER
State Bar #58618
2480 Hilborn Road, Suite 102
Fairfield, California 94533
[phone]

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Attorney for Plaintiff:

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Dorenda K. Crawford

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DORENDA KAY CRAWFORD,
Plaintiff,

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v.

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STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. 2412(d)

CAROLYN COLVIN,

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Case No. 2:13-cv-02278-EFB

Acting Commissioner of Social Security,

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Defendant.

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

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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EAJA in the amount of THREE THOUSAND-FOUR HUNDRED DOLLARS ($3,400.00). This

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amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by

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counsel in connection with this civil action, in accordance with 28 U.S.C. 2412(d).

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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government

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will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521 (2010), the ability to honor the

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assignment will depend on whether the fees and expenses are subject to any offset allowed under

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the United States Department of the Treasury's Offset Program. After the order for EAJA fees
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and expenses is entered, the government will determine whether they are subject to offset.
Fees and expenses shall be made payable to Plaintiff, but if the Department of the
Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause
the payment of fees, expenses and costs to be made directly to Richard Whitaker, pursuant to the
assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
attorney fees and expenses, and does not constitute an admission of liability on the part of the
Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to
EAJA attorney fees and expenses in connection with this action.
This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security
Act attorney fees under 42 U.S.C. Section 406, subject to the offset provisions of the EAJA.
Respectfully Submitted October 7, 2015.

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Respectfully submitted,
October 7, 2015

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/s/ Richard A. Whitaker
Richard Whitaker, Attorney for Plaintiff

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October 7, 2015

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ Theophous H. Reagans

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Theophous H. Reagans,
Special Assistant US Attorney,
Attorneys for Defendant, Carolyn W. Colvin

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ORDER

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APPROVED AND SO ORDERED.

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Dated: October 8, 2015.

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