Hernandez v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER FOR THE AWARD OF ATTORNEY FEES signed by Magistrate Judge Kendall J. Newman on 10/12/16. (Benson, A)

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1 4 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 E-Mail: teamraw2000@yahoo.com 5 Attorney for Plaintiff: 6 Stephany Kathy Hernandez 2 3 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHANY KATHY HERNANDEZ, Plaintiff, 12 13 14 v. 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, 15 16 Defendant. 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 20 EAJA in the amount of TWO THOUSAND NINE-HUNDRED dollars and 0 cents ($2,900.00). 21 This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, 22 by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. 23 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 24 attorney fees and expenses, and does not constitute an admission of liability on the part of 25 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 26 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 27 EAJA attorney fees and expenses in connection with this action. 28 Following the issuance of an order by the Court, the United States Department of the 1 1 Treasury will determine whether Plaintiff owes a government debt and take appropriate action 2 according to its own statutes and regulations, as permitted by Astrue v. Ratliff, 130 S. Ct. 2521 3 (2010). If no debt is owed, then the Government will accept Plaintiff's assignment of EAJA fees 4 and make the check payable to Richard Whitaker, counsel for Plaintiff. 5 6 7 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. 8 9 Dated: September 29, 2016 /s/ Richard Allen Whitaker Richard Allen Whitaker, Esq. Attorney for Plaintiff 10 11 12 Dated: September 29, 2016 BENJAMIN B. WAGNER United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 13 14 15 /s/ Heather M. Moss Heather M. Moss, DCBN 995773* Special Assistant U. S. Attorney *By email authorization on Sept. 29, 2016 16 17 18 19 20 ORDER APPROVED AND SO ORDERED. 21 Dated: October 12, 2016 22 23 24 25 26 27 28 2

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