Kang v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 4/14/17 ORDERING that Plaintiff is AWARDED attorney fees under the Equal access to Justice Act (EAJA), in the amount of $5,000.00. (Kastilahn, A)

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BESS M. BREWER #100364
LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
Sacramento, CA 95817
Telephone [phone]
[e-mail]
Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SINISHA V. KANG

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Plaintiff,
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v.
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COMMISSIONER OF SSA,
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Defendant.
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______________________________)

No. 15-cv-0335 DB

STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal
access to Justice Act (EAJA), in the amount of FIVE THOUSAND DOLLARS AND ZERO

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CENTS ($5000.00). This amount represents compensation for all legal services rendered on

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behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §

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2412 (d). After the Court issues an order for EAJA fees and expenses to Plaintiff, the

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government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to

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Plaintiff’s attorney. Pursuant to Astrue v. Ratcliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the
ability to honor the assignment will depend on whether the fees and expenses are subject to any

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offset allowed under the United States Department of the Treasury’s offset Program.
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Fees and expenses shall be made payable to Plaintiff but if the Department of the

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Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause

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the payment of fees, expenses and costs to be made direct to Bess M. Brewer, pursuant to the

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assignment executed by Plaintiff. Any payments made shall be deliver to Plaintiff’s counsel.

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

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attorney fees and expenses, and does not constitute an admission of liability on the part of

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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release

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

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EAJA attorney fees and 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 provision of the EAJA.

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Dated April 11, 2017

/s/ Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff

Dated April 11, 2017

Phillip A. Talbert
United States Attorney

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/s/Jean M. Turk
JEAN M. TURK
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: April 14, 2017

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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