Tibbet v. Commissioner of Social Security

Filing 30

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 3/23/2016 ORDERING that Plaintiff be awarded attorney fees under the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of five thousand, five hundred and thirty-seven dollars ($5537.00). (Zignago, K.)

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HADLEY & FRAULOB
A Professional Law Corporation
230 Fifth Street
Marysville, CA 95901
[phone]
FAX [phone]
JOSEPH C. FRAULOB – CA State Bar #194355
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SCOTT C. TIBBET
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Plaintiff,

No. 2:15-cv-00266-AC (TEMP)

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v.
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CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL SECURITY,

STIPULATION AND ORDER FOR
AWARD OF EAJA FEES

Defendant.

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and

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with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under

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the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of five thousand, five

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hundred and thirty-seven dollars ($5537.00). This amount represents compensation for legal

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services rendered on behalf of Plaintiff by his counsel in connection with this civil action, in

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accordance with 28 U.S.C. 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.

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Ratliff, 130 S. Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on

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

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Treasury’s Offset Program. After the order to EAJA fees is entered, the government will

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determine if it is subject to any offset.

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

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

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be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant to the written assignment

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executed by Plaintiff. Any payments shall be delivered to Plaintiff’s counsel Joseph C. Fraulob.

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

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attorney fees 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

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bar to, any and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA

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attorney fees and costs in connection with this action.

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DATE: March 18, 2016

By: /s/ Joseph Clayton Fraulob
JOSEPH CLAYTON FRAULOB
Attorney for Plaintiff

DATE: March 18, 2016

BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By: /s/ Sharon Lahey

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(As authorized via email)

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SHARON LAHEY
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: March 23, 2016.

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