Means v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/07/2016 ORDERING EAJA fees awarded to plaintiff in the amount of $7,500.00 subject to the terms of the parties' foregoing Stipulation. (Jackson, T)

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Jared Walker (SB#269029)
2020 Capitol Avenue
Suite 7
Sacramento, CA 95811
T: [phone]
F: [phone]
[e-mail]
Attorney for Plaintiff,
ANNA L. MEANS

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No.: 2:15-CV-00327-KJM-CKD

ANNA L. MEANS,
PLAINTIFF,
V.
CAROLYN W. COLVIN,
Commissioner of Social Security,

STIPULATION AND ORDER FOR THE
AWARD
OF
ATTORNEY
FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 38 U.S.C. § 2412(D)

DEFENDANT.
IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Anna L. Means (Plaintiff) be awarded attorney
fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of Seven
Thousand Five Hundred Dollars ($7,500.00). This amount represents compensation for all legal
services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance
with 28 U.S.C. §§ 1920, 2412(d).
Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will
determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue
v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if 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 Plaintiff, but if the Department of the Treasury determines that
Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be made
STIPULATION AND PROPOSED ODER FOR
AWARD OF EAJA ATTORNEYS’ FEES

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directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the
assignment executed by Plaintiff. Any payments made will be delivered to JARED T. WALKER.
This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and
does not constitute an admission of liability on the part of defendant under the EAJA or otherwise.
Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims
that Plaintiff and/or Plaintiff’s attorney including LAW OFFICE OF JARED T. WALKER, P.C.,
may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security
attorney fees under 42 U.S.C. § 406, subject to the savings clause provisions of the EAJA.
Dated: April 6, 2016

Respectfully submitted,

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__/s/ Jared Walker
JARED T. WALKER,
Attorney for Plaintiff

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BENJAMIN WAGNER
United States Attorney

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Dated: April 6, 2016

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By:

/s/ Timothy R. Bolin*
[*as authorized via email on 4/6/2016]
TIMOTH R. BOLIN
Special Assistant United States Attorney
Attorneys for Defendant

ORDER
Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access
to Justice Act (EAJA),
IT IS ORDERED that EAJA fees are awarded to plaintiff in the amount of Seven Thousand
Five Hundred Dollars ($7,500.00) subject to the terms of the parties’ foregoing Stipulation.
Dated: April 7, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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-2STIPULATION AND PROPOSED ODER FOR
AWARD OF EAJA ATTORNEYS’ FEES