Emmons v. Social Security Administration

Filing 20

STIPULATION AND ORDER signed by Magistrate Judge Kendall J. Newman on 6/12/2015 AWARDING the plaintiff fees in the amount of FIVE THOUSAND TWO HUNDRED DOLLARS ($5,200.00) pursuant to the Equal Access to Justice Act. (Michel, G.)

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1 2 3 4 5 Jared Walker (SB#269029) 2020 Capitol Avenue Suite 7 Sacramento, CA 95811 T: (916) 476-5044 F: (916) 476-5064 jared@saclawoffices.com Attorney for Plaintiff, LINDA D. EMMONS 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 LINDA D. EMMONS, 10 Plaintiff, 11 12 13 v. CAROLYN W. COLVIN, Commissioner of Social Security Administration, 14 Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 2:14-cv-0488-KJN STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 15 IT IS HEREBY STIPULATED by and between the parties through their undersigned 16 counsel, subject to the approval of the Court, that plaintiff be awarded attorney fees under the Equal 17 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND TWO 18 HUNDRED DOLLARS ($5,200.00). This amount represents compensation for all legal services 19 rendered on behalf of plaintiff by counsel in connection with this civil action, in accordance with 28 20 U.S.C. §§ 1920, 2412(d). 21 Upon the Court’s issuance of an order granting EAJA fees to plaintiff, the government will 22 determine the issue of plaintiff’s assignment of EAJA fees to plaintiff’s attorney. Pursuant to Astrue 23 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the 24 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 25 Program. 26 If the Department of the Treasury determines that plaintiff does not owe a federal debt, then 27 the government will cause the payment of fees to be made directly to plaintiff’s attorney, LAW 28 OFFICE OF JARED T. WALKER, P.C., pursuant to the assignment executed by plaintiff. Any STIPULATION AND ORDER FOR AWARD OF EAJA ATTORNEYS’ FEES 1 2 3 4 5 6 7 8 9 payments made will be delivered to JARED T. WALKER. 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 EAJA. Payment of the agreed amount will 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 in connection with this action. This award is without prejudice to the rights of plaintiff’s counsel to seek Social Security attorney fees under 42 U.S.C. § 406, subject to the savings clause provisions of the EAJA. Dated: June 8, 2015 10 Respectfully submitted, __/s/ Jared Walker JARED T. WALKER, Attorney for Plaintiff Linda Emmons 11 12 13 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration 14 15 16 Dated: June 8, 2015 17 18 /s/ Sundeep R. Patel* [*As authorized via e-mail on 6/8/2015] SUNDEEP R. PATEL Special Assistant United States Attorney Attorneys for Defendant 19 ORDER 20 21 22 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access to Justice Act (EAJA), 23 IT IS ORDERED that EAJA fees are awarded to plaintiff in the amount of FIVE 24 THOUSAND TWO HUNDRED DOLLARS ($5,200.00) subject to the terms of the parties’ 25 foregoing Stipulation. 26 Dated: June 12, 2015 27 28 -2STIPULATION AND ORDER FOR AWARD OF EAJA ATTORNEYS’ FEES

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