Grinstead v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER 22 for award of Equal Access to Justice Act (EAJA) and costs signed by Magistrate Judge Kendall J. Newman on 5/15/2015. Plaintiff shall be awarded attorney fees in amount of $4,900.00 and costs in amount of $400.00. (Marciel, M)

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HADLEY & FRAULOB
A Professional Law Corporation
230 Fifth Street
Marysville, CA 95901
[phone]
FAX [phone]
JOSEPH C. FRAULOB – CA State Bar #194355
Attorney For Plaintiff

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HAROLD GRINSTEAD, JR.
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Plaintiff,

Case No.: 2:14-CV-00059-KJN

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v.
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CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL SECURITY,

STIPULATION FOR AWARD OF EAJA
ATTORNEY FEES AND COSTS

Defendant.

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

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with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under

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the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of four thousand, nine

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hundred dollars ($4900.00). This amount represents compensation for legal services rendered on

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behalf of Plaintiff by his counsel in connection with this civil action, in accordance with 28

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U.S.C. 2412(d). The parties additionally stipulate that Plaintiff shall be awarded costs under 20

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U.S.C. 1920 in the amount of four hundred dollars ($400.00).

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

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

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

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Treasury’s Offset Program. After the order to EAJA fees is entered, the government will

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determine if it is subject to any offset.

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

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

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be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant to the written assignment

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executed by Plaintiff. Any and all payments shall be delivered to Plaintiff’s counsel Joseph C.

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Fraulob.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
attorney fees and does not constitute an admission of liability on the part of Defendant under the

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

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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees or

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costs in connection with this action.

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DATE: May 12, 2015

By /s/ Joseph Clayton Fraulob
JOSEPH CLAYTON FRAULOB
Attorney for plaintiff

DATE: May 12, 2015

BENJAMIN B. WAGNER
United States Attorney

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By /s/ Carolyn B. Chen

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(As authorized via email)

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CAROLYN B. CHEN
Assistant Regional Counsel

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ORDER

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APPROVED AND SO ORDERED

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Dated: May 15, 2015

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