Bailey v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/15 re: 24 APPROVING AND ORDERING that Plaintiff be awarded attorney fees under the Equal Access to Justice Act. (Meuleman, A)

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Peter Brixie, State Bar # 124186
410 Twelfth Street
Sacramento, CA 95814
[phone]
[phone] (fax)
[e-mail]

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UNITED STATE DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEX BAILEY,

Case No.: 2:13-cv-02281-EFB
Plaintiff,

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vs.
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--------STIPULATION AND PROPOSED ORDER
FOR PAYMENT OF PLAINTIFF’S
ATTORNEY FEES

CAROLYN W. COLVIN,

Acting Commissioner of Social Security,
Defendant,

IT IS HEREBY STIPULATED by and between the parties, through their respective undersigned
attorneys, and with the permission of the Court as evidenced below, that the Plaintiff’s be awarded
attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of
FORTY-SEVEN HUNDRED DOLLARS AND ZERO CENTS ($4,700.00). This amount represents
compensation for all legal services rendered on behalf of Plaintiff by 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 will

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consider the matter of Plaintiff’s assignment of EAJA fee and expenses to Plaintiff’s attorney. Pursuant

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to Astrue v. Ratliff, 130 S. Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend

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on whether the fees and expenses are subject to any offset allowed under the United States Department of

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the Treasury’s Offset Program. After the order of EAJA fees and expenses is entered, the government

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will determine whether they are subject to any offset.

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--------STIPULATION AND PROPOSED ORDER FOR PAYMENT OF PLAINTIFF’S ATTORNEY FEES - 1

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

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

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expenses, and cost to be made directly to PETER BRIXIE, pursuant to the assignment executed by ALEX

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BAILEY. 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
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’s 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. § 406, subject to the offset provisions of the EAJA.

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Respectfully submitted,
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Dated: 4/15/15

By:

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/s/ Peter Brixie
PETER E. BRIXIE
Attorney at Law
Attorney for Plaintiff

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Dated: 4/15/15

/s/ Jeffrey Chen
JEFFREY T. CHEN
Special Assistant United States Attorney
Attorneys for Defendant
Commissioner of Social Security

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__ooo__
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APPROVED AND SO ORDERED
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Dated: April 16, 2015.
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STIPULATION AND - - - - - - - - - ORDER FOR PAYMENT OF PLAINTIFF’S ATTORNEY FEES - 2
PROPOSED