Anderson v. Commissioner of the Social Security Administration

Filing 24

STIPULATION AND ORDER FOR AWARD OF EAJA FEES signed by Magistrate Judge Allison Claire on 11/18/15 ORDERING that Plaintiff be awarded attorney fees under the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of seven thousand, fi ve hundred dollars ($7500.00). This amount represents compensation for legal services rendered on behalf of Plaintiff by his counsel in connection with this civil action, in accordance with 28 U.S.C. 2412(d). The parties additionally stipulate that Plaintiff shall be awarded costs under 28 U.S.C. 1920 in the amount of four hundred dollars ($400.00).(Becknal, R)

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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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ROGER L. ANDERSON

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Plaintiff,

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v.

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CAROLYN W. COLVIN,

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COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

No. 2:14-cv-00708 AC (TEMP)
STIPULATION AND ORDER FOR
AWARD OF EAJA FEES

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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 seven thousand,

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five hundred dollars ($7500.00). This amount represents compensation for legal services

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

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with 28 U.S.C. 2412(d). The parties additionally stipulate that Plaintiff shall be awarded costs

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under 28 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 payments shall be delivered to Plaintiff’s counsel Joseph C. Fraulob.

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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

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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

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and costs in connection with this action.

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DATE: November 6, 2015

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

DATE: November 6, 2015

BENJAMIN B. WAGNER
United States Attorney

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By /s/ Sharon Lahey

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(As authorized via email)

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SHARON LAHEY
Assistant Regional Counsel

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: November 18, 2015

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