Madkins v. Commissioner of Social Security

Filing 28

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 4/27/16 ORDERING Plaintiff is awarded attorney fees under the EAJA in the amount of $6,800.00. This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action. (Jackson, T)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
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__________________________
_____ )
KIMBERLY Y. MADKINS,

CASE NO. 2:14-cv-02750-EFB
STIPULATION AND PROPOSED ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)

The parties stipulate that, subject to the approval of the Court, that Plaintiff be awarded
attorney fees under the EAJA in the amount of SIX THOUSAND EIGHT HUNDRED dollars
($6,800). This amount represents compensation for all legal services rendered on behalf of Plaintiff,
to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.
After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will

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consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney.

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Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor the assignment will depend on

Stip. & Prop. Order for EAJA Fees

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whether the fees, expenses are subject to any offset allowed under the United States Department of

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the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the

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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 to be made directly to Jared Walker, pursuant to the assignment executed by Plaintiff. Any

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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.
Respectfully submitted April 26, 2016
DATED: April 26, 2016

s/ Jared Walker
JARED WALKER
(as authorized by email)
Attorney for Plaintiff

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BENJAMIN B. WAGNER
United States Attorney

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DATE: April 26, 2016

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By

s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to stipulation, it is so ordered.
DATED: April 27, 2016.

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Stip. & Prop. Order for EAJA Fees

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