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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Richard A. Whitaker (SBN 58618)
THE LAW OFFICES OF RICHARD A. WHITAKER
2480 Hilborn Road, Suite 102
Fairfield, CA 94534
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorney for Plaintiff:

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Stephany Kathy Hernandez

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHANY KATHY HERNANDEZ,
Plaintiff,

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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,

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Defendant.

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IT IS HEREBY STIPULATED by and between the parties through their undersigned

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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the

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EAJA in the amount of TWO THOUSAND NINE-HUNDRED dollars and 0 cents ($2,900.00).

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This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date,

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by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412.

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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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Following the issuance of an order by the Court, the United States Department of the
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Treasury will determine whether Plaintiff owes a government debt and take appropriate action

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according to its own statutes and regulations, as permitted by Astrue v. Ratliff, 130 S. Ct. 2521

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(2010). If no debt is owed, then the Government will accept Plaintiff's assignment of EAJA fees

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and make the check payable to Richard Whitaker, counsel for Plaintiff.

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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.

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Dated: September 29, 2016
/s/ Richard Allen Whitaker
Richard Allen Whitaker, Esq.
Attorney for Plaintiff

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Dated: September 29, 2016

BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Heather M. Moss
Heather M. Moss, DCBN 995773*
Special Assistant U. S. Attorney
*By email authorization on Sept. 29, 2016

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ORDER
APPROVED AND SO ORDERED.

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Dated: October 12, 2016
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