Johns v. Commissioner of Social Security

Filing 29

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/9/17 ORDERING that Plaintiff shall be awarded attorney fees in the amount of $5,130.60. (Kastilahn, A)

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1 2 3 4 5 BESS M. BREWER, #100364 LAW OFFICE OF BESS M. BREWER P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 385-7517 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 7 JENNIFER L. JOHNS 8 9 10 11 Plaintiff, v. 12 13 14 CAROLYN W. COLVIN ACTING COMMISSIONER OF SSA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-0320 AC STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 15 16 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 17 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 18 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND ONE 19 HUNDRED THIRTY DOLLARS AND SIXTY CENTS ($5,130.60). This amount represents 20 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 21 civil action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees 22 and expenses to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA 23 fees and expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 24 2010), the ability to honor the assignment will depend on whether the fees and expenses are subject 25 to any offset allowed under the United States Department of the Treasury’s Offset Program. 26 27 28 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 1 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed 2 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 3 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 4 fees and expenses, and does not constitute an admission of liability on the part of Defendant under 5 the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 6 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and 7 expenses in connection with this action. 8 9 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. 10 11 12 Dated: January 5, 2017 /s/Bess M. Brewer BESS M. BREWER Attorney at Law Attorney for Plaintiff Dated: January 5, 2017 Phillip A. Talbert Acting United States Attorney 13 14 15 16 17 18 /s/ Marla Letellier MARLA LETELLIER Special Assistant United States Attorney 19 Attorneys for Defendant 20 21 ORDER 22 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees 23 in the amount of FIVE THOUSAND ONE HUNDRED THIRTY DOLLARS AND SIXTY CENTS 24 ($5,130.60) , as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced 25 Stipulation. 26 DATED: January 9, 2017 27 28

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