Batista v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/19/16 ORDERING that plaintiff shall be awarded attorney fees in the amount of $6,489.12. (Benson, 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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JOAO BATISTA
xxx-xx-0572

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Plaintiff,

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

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Case No. 14-2441 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 JusticeAct (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND i FOUR
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HUNDRED EIGHTY NINE DOLLARS AND TWELVE CENTS ($6,489.12). This amount
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represents 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 U.S.C. § 2412(d). After the Court issues an
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order for EAJA fees and expenses to Plaintiff, the government will consider the matter of Plaintiff’s
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assignment of EAJA fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct.
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2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and
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expenses are subject to any offset allowed under the United States Department of the Treasury’s
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Offset Program.
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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: December 14, 2016

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

Dated: December 14, 2016

Phillip A. Talbert
Acting United States Attorney

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/s/ Timothy Bolin
TIMOTHY BOLIN
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 fees

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in the amount of SIX THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS AND

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TWELVE CENTS ($6,489.12) , as authorized by 28 U.S.C. § 2412(d), subject to the terms of the

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above-referenced Stipulation.

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DATED: December 19, 2016