Mathews v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER re Attorney Fees under the EAJA signed by Magistrate Judge Edmund F. Brennan on 6/13/16. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EUGENE C. MATHEWS,

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No. 2:14-cv-1947-EFB

Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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JOINT STIPULATION FOR ATTORNEY FEES UNDER THE EAJA
It is hereby stipulated by and between the parties, through their undersigned
counsel, subject to the approval of the Court, that the parties have agreed to a
compromise settlement of Plaintiff’s request for attorney fees in the amount of Five

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Thousand One Hundred Dollars and 00/100 ($5,100.00). This amount represents

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compensation for all legal services rendered on behalf of Plaintiff by counsel in

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connection with this civil action, in accordance with 28 USC §2412(d).

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The Court shall order that the awarded attorney fees be made payable to
Plaintiff, Eugene Mathews, and delivered to the business address of Plaintiff’s

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counsel.
EAJA fees awarded by this Court belong to the plaintiff and are subject to

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offset under the Treasury Offset Program (31 U.S.C. §3716(c)(3)(B) (2006)). See

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Astrue v. Ratliff, 130 S.CT 2521, 2528-29 (2010). If it is determined upon

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effectuation of the Court’s EAJA fee order that Plaintiff does not owe a debt that is
Page 1- Joint Stipulation for Attorney Fees Under the EAJA

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subject to offset under the Treasury Offset Program, fees will be made payable to

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Plaintiff and delivered to Karl E. Osterhout, Esquire.

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

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attorney fees under the EAJA, and does not constitute an admission of liability on

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the part of the Commissioner under the EAJA. Payment of the aforementioned

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attorney fees shall constitute a complete release from and bar to any and all claims

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Plaintiff may have relating to attorney fees under the EAJA in connection with his

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action.

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This award is without prejudice to the rights of Plaintiff’s counsel to seek

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Social Security Act attorney fees under 42 USC §406, subject to the provisions of the

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EAJA.

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Respectfully submitted,

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June 8, 2016
DATED

/s/ Karl E. Osterhout
Karl E. Osterhout, Esq.
Osterhout Disability Law, LLC
521 Cedar Way, Suite 200
Oakmont, PA 15139
Phone: [phone]
[e-mail]
PA Bar ID: 49658
Attorney for Plaintiff, Kelly Arlene Turner

June 8, 2016
DATED

/s/ Jonathan O. Peña
JONATHAN O. PEÑA, ESQUIRE
Jonathan O. Peña, Esq.
The Law Office of Jonathan O. Peña
5740 N. Palm Avenue, Suite 103
Fresno, CA 93704
Phone: [phone]
[e-mail]
CA BAR ID # 278044
Attorney for Plaintiff, Kelly Arlene Turner

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Page 2- Joint Stipulation for Attorney Fees Under the EAJA

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6/9/16
DATED

/s/ Donna W. Anderson
DONNA W. ANDERSON, ESQUIRE
Special Assistant Office of General Counsel
SSA, OGC
160 Spear Street, Suite 800
San Francisco, CA 94105-2116
415-977-8930
Fax: [phone]
[e-mail]

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SO ORDERED.

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DATED: June 13, 2016

_______________________________
HON. EDMUND F. BRENNAN
United States Magistrate Judge

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