Pannell v. Commissioner of Social Security

Filing 29

STIPULATION AND ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/2015 ORDERING 28 that Plaintiff shall be awarded attorney Fees in the amount of $4,922.39, as authorized by 28:2412(d), subject to the terms of this Stipulation. (Reader, L)

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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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BRAD PANNELL

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

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Case No. 2:14-CV-1514 KJN

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND NINE
HUNDRED TWENTY TWO DOLLARS AND THIRTY NINE CENTS ($4,922.39). This amount
represents compensation for all legal services rendered on behalf of Plaintiff by counsel in
connection with this civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an
order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff’s
assignment of EAJA fees and expenses to Plaintiff’s attorney.

Pursuant to Astrue v. Ratliff,130

S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees
and expenses are subject to any offset allowed under the United States Department of the Treasury’s
Offset Program. After the order for EAJA fees 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: June 22, 2015

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

Dated: June 22, 2015

Benjamin B. Wagner
United States Attorney
/s/ Ellinor Coder
ELLINOR CODER
Special Assistant United States Attorney
/s/ Amanda Schapel, Of Counsel
AMANDA SCHAPEL
Attorneys for Defendant

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded

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attorney Fees in the amount of FOUR THOUSAND NINE HUNDRED TWENTY TWO DOLLARS

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AND THIRTY NINE CENTS ($4,922.39), as authorized by 28 U.S.C. § 2412(d), subject to the

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terms of the above-referenced Stipulation.

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Dated: June 24, 2015

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