Mack v. Commissioner of Social Security

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 6/20/2017 ORDERING awarding attorney fees in the amount of Five Thousand dollars ($5,000) pursuant to the EAJ.(Washington, S)

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1 4 Geri N. Kahn (State Bar Number 148536) Law Office of Geri N. Kahn 465 California Street, Suite 609 San Francisco, CA 94104 Tel. (415) 397-5446 Fax (800) 375-5956 5 Attorney for Alexandre Do Mack 2 3 6 7 IN THE UNITED STATES DISTRICT COURT 8 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Alexandre Do Mack, 12 No. 2:14-cv-02852 - DB Plaintiff, 13 vs. 14 STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. §2412(d) Carolyn W. Colvin, Acting Commissioner of Social Security, 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff’s counsel, as Plaintiff’s assignee, be awarded attorney 19 fees under the EAJA in the amount of FIVE THOUSAND DOLLARS ($5,000). This amount represents 20 compensation for all legal services and costs rendered on behalf of Plaintiff by counsel in connection 21 with this civil action, in accordance with 28 U.S.C. §2412(d). 22 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees, 23 and does not constitute an admission of liability on part of the Defendant under the EAJA. Payment of 24 the aforementioned sum under the EAJA shall constitute a complete release from and bar to any and all 25 claims, rights, causes of action, liens or subrogated interests relating to attorney’s fees and costs incurred 26 in this action under EAJA. 27 28 30 31 After the Court issues an order for EAJA fees to Alexandre Mack, the government will consider the matter of Alexandre Mack’s assignment of EAJA fees to Geri Kahn. Pursuant to Astrue v. Ratliff, No. 2:14-cv-02852 - DB 1 STIPULATION FOR EAJA FEES 1 2 3 4 5 6 7 8 9 10 130 S.Ct. 2521, 2529 (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 whether they are subject to any offset. Fees shall be made payable to Alexandre Mack, but if the Department of the Treasury determines that Alexandre Mack does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Geri Kahn, pursuant to the assignment executed by Alexandre Mack. Any payments made shall be delivered to Geri Kahn. 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. 11 12 Respectfully submitted, 13 14 Dated: June 9, 2017 /s/ Geri N. Kahn GERI N. KAHN Attorney for Plaintiff 15 16 17 18 Dated: June 9, 2017 /s/ Donna W. Anderson DONNA W. ANDERSON Special Assistant United States Attorney Attorney for Defendant 19 20 21 22 ORDER Dated: June 20, 2017 23 24 25 26 27 DLB:6 DB\orders\orders.soc sec\domack2852.stip.eaja.ord 28 30 31 No. 2:14-cv-02852 - DB 2 STIPULATION FOR EAJA FEES

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