Hernandez v. Commissioner of Social Security
STIPULATION and ORDER FOR THE AWARD OF ATTORNEY FEES signed by Magistrate Judge Kendall J. Newman on 10/12/16. (Benson, A)
Richard A. Whitaker (SBN 58618)
THE LAW OFFICES OF RICHARD A. WHITAKER
2480 Hilborn Road, Suite 102
Fairfield, CA 94534
Telephone: (707) 427-2237
Facsimile: (707) 429-9829
Attorney for Plaintiff:
Stephany Kathy Hernandez
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
STEPHANY KATHY HERNANDEZ,
Case No.: 2:15-CV-01534-KJN
STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C § 2412(d)
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
EAJA in the amount of TWO THOUSAND NINE-HUNDRED dollars and 0 cents ($2,900.00).
This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date,
by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
attorney fees and expenses, and does not constitute an admission of liability on the part of
Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to
EAJA attorney fees and expenses in connection with this action.
Following the issuance of an order by the Court, the United States Department of the
Treasury will determine whether Plaintiff owes a government debt and take appropriate action
according to its own statutes and regulations, as permitted by Astrue v. Ratliff, 130 S. Ct. 2521
(2010). If no debt is owed, then the Government will accept Plaintiff's assignment of EAJA fees
and make the check payable to Richard Whitaker, counsel for Plaintiff.
This award is without prejudice to the rights of Plaintiff's counsel to see Social Security
Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
Respectfully submitted September 29, 2016.
Dated: September 29, 2016
/s/ Richard Allen Whitaker
Richard Allen Whitaker, Esq.
Attorney for Plaintiff
Dated: September 29, 2016
BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
/s/ Heather M. Moss
Heather M. Moss, DCBN 995773*
Special Assistant U. S. Attorney
*By email authorization on Sept. 29, 2016
APPROVED AND SO ORDERED.
Dated: October 12, 2016
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