Raetz v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/5/2016 AWARDING the plaintiff attorney fees in the amount of FOUR THOUSAND EIGHT HUNDRED DOLLARS AND ZERO CENTS ($4,800.00); DENYING the 25 Motion for Extension of time as moot. (Michel, G.)

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BESS M. BREWER, #100364
LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
Sacramento, CA 95817
Telephone: [phone]
[e-mail]
Attorney for Plaintiff
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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NANCY ALMA RAETZ
xxx-xx-7149

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Plaintiff,

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

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Case No. 14-120 EFB

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 FOUR THOUSAND EIGHT

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HUNDRED DOLLARS AND ZERO CENTS ($4,800.00). This amount represents compensation for

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all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in

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accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to

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

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expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the

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ability to honor the assignment will depend on whether the fees and expenses are subject to any

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

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

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any offset.
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

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by 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

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

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the 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 and

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expenses in 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: January 4, 2016

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

Dated: January 4, 2016

Benjamin B. Wagner
United States Attorney
/s/ Patrick Snyder
PATRICK SNYDER
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

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fees in the amount of FOUR THOUSAND EIGHT HUNDRED DOLLARS AND ZERO CENTS

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($4,800.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced

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Stipulation. Further, defendant’s request for an extension of time to respond to plaintiff’s motion

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for attorney’s fees (ECF No. 25) is denied as moot.

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DATED: January 5, 2016.

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_____________________________________
HONORABLE EDMUND F. BRENNAN
U.S. MAGISTRATE JUDGE