Hicks v. Commissioner of Social Security

Filing 33

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/18/17: Plaintiff shall be awarded attorney fees in the amount of $5,000.00, as authorized by 28 U.S.C. § 2412(d), subject to the terms of this Stipulation.(Kaminski, H)

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1 2 3 4 BESS M. BREWER, #100364 LAW OFFICE OF BESS M. BREWER P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 385-7517 besshelena@earthlink.net Attorneys for Plaintiff 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 7 8 WILLIAM LEROY HICKS 9 10 Plaintiff, 11 12 13 14 15 v. CAROLYN W. COLVIN ACTING COMMISSIONER OF SSA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-0978 AC STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 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 19 DOLLARS AND ZERO CENTS ($5,000.00). This amount represents compensation for all legal 20 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 21 with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to Plaintiff, 22 the government will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to 23 Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the ability to 24 honor the assignment will depend on whether the fees and expenses are subject to any offset allowed 25 under the United States Department of the Treasury’s Offset Program. 26 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 27 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 28 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 18, 2017 /s/Bess M. Brewer BESS M. BREWER Attorney at Law Attorney for Plaintiff Dated: January 18, 2017 Phillip A. Talbert Acting United States Attorney 13 14 15 16 17 18 /s/ Jeffrey Chen JEFFREY CHEN 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 FIVE THOUSAND DOLLARS AND ZERO CENTS ($5,000.00), as authorized by 24 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation. 25 DATED: January 18, 2017 26 27 28

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