Bryant v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 04/26/16 ORDERING that defendant shall pay to plaintiff or plaintiff's counsel $6,200 as an award for fees and costs. (Benson, A)

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Robert C Weems (CA SBN 148156)
WEEMS LAW OFFICES
769 Center Blvd., PMB 38
Fairfax, CA 94930
Ph: 415.881.7653
Fx: 866.610.1430

[e-mail]

Attorneys for Plaintiff,
RODNEY ALLEN BRYANT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY ALLEN BRYANT,
Plaintiff,
v.

Case No. 2:14-cv-01934-KJN
STIPULATION AND ORDER AWARDING
EAJA FEES
AND ORDER

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
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 and expenses in the amount of:
SIX THOUSAND, TWO HUNDRED DOLLARS and NO CENTS ($6,200.00)
Such award is made under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), with
costs in the amount of no Dollars ($0.00) under 28 U.S.C. § 1920. 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. §§ 1920, 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider the
matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. (See, Attachment 1.) Pursuant to

Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on
whether the fees are subject to any offset allowed under the United States Department of the
Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine

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STIPULATION AND ORDER AWARDING EAJA FEES

Case No. 2:14-cv-01934-KJN

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whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

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Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses

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and costs to be made directly to the Robert C. Weems, pursuant to the assignment executed by

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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 fees

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and expenses and does not constitute an admission of liability on the part of Defendant under the

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EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar

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to, any and all existing claims that Plaintiff and/or Plaintiff’s counsel, including the Weems Law

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Offices, may have relating to EAJA attorney fees and expenses in connection with this action.
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(b), subject to the savings clause provisions of the EAJA.
SO STIPULATED AND AGREED, April 26, 2016.
WEEMS LAW OFFICES

BENJAMIN B. WAGNER
United States Attorney
DEBORAH L. STACHEL
Acting Regional Chief Counsel
U.S. Social Security Administration

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/s/Robert C. Weems
ROBERT C. WEEMS,
Attorney for Plaintiff,
RODNEY ALLEN BRYANT

By: /s/ Armand Roth
ARMAND ROTH
Special Assistant United States
Attorney
Attorneys for Defendant
CAROLYN W. COLVIN,
Acting Commissioner of Social Security

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STIPULATION AND ORDER AWARDING EAJA FEES

Case No. 2:14-cv-01934-KJN

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ORDER

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PURSUANT TO THE TERMS OF THE FOREGOING STIPULATION OF THE PARTIES,

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DEFENDANT SHALL PAY TO PLAINTIFF OR PLAINTIFF’S COUNSEL THE AMOUNT OF

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SIX THOUSAND, TWO HUNDRED DOLLARS and NO CENTS ($6,200.00) AS AN AWARD

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FOR FEES AND COSTS PURSUANT TO 28 U.S.C. §§ 2412(d) AND 1920.

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SO ORDERED:

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Dated: April 26, 2016

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STIPULATION AND ORDER AWARDING EAJA FEES

Case No. 2:14-cv-01934-KJN