Adams v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/4/16 ORDERING that Plaintiff is AWARDED attorney fees in the amount of $6,000.00. (Kastilahn, A)

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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]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SUSAN ADAMS
xxx-xx-xxx

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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-cv-00704-AC

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 SIX THOUSAND DOLLARS
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AND ZERO CENTS($6,000.00). This amount represents compensation for all legal services
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rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28
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U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to Plaintiff, the
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government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to
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Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the ability to
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honor the assignment will depend on whether the fees and expenses are subject to any offset allowed
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under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees
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and expenses is entered, the government will determine whether they are subject to any offset.
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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: February 3, 2016

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

Dated: February 3, 2016

Benjamin B. Wagner
United States Attorney

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Deborah Lee Stachel
Acting Regional Chief Counsel, Region IX
Social Security Administration
/s/ Francesco Benavides
FRANCESCO BENAVIDES
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 ees

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in the amount of SIX THOUSAND DOLLARS AND ZERO CENTS($6,000.00), as authorized by

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28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation

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DATED: February 4, 2016

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