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.)

1
2
3
4
5

Jared Walker (SB#269029)
2020 Capitol Avenue
Suite 7
Sacramento, CA 95811
T: [phone]
F: [phone]
[e-mail]
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