Sullens v. Commissioner of Social Security
Filing
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STIPULATION and ORDER for Award of EAJA Fees signed by Magistrate Judge Craig M. Kellison on 1/18/2017. (Jackson, T)
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HADLEY & FRAULOB
A Professional Law Corporation
230 Fifth Street
Marysville, CA 95901
(916) 743-4458
FAX (530) 743-5008
JOSEPH C. FRAULOB – CA State Bar #194355
Attorney For Plaintiff
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DELBERT LEON SULLENS,
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Plaintiff,
vs.
STIPULATION FOR AWARD OF EAJA
FEES AND ORDER
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CIV. NO. 2:15-CV-001537-CMK
COMMISSIONER OF SOCIAL SECURITY,
Defendant
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and
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with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under
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the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of three thousand,
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one hundred dollars ($3100.00). This amount represents compensation for all legal services
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rendered on behalf of Plaintiff by his counsel in connection with this civil action, in accordance
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with 28 U.S.C. 2412(d).
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After the Court issues an order for EAJA fees to Plaintiff, the government will consider
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the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.
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Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on
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whether the fees are subject to any offset allowed under the United States Department of the
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Treasury’s Offset Program. After the order to EAJA fees is entered, the government will
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determine if it is subject to any offset.
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Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury
determines that Plaintiff does not owe a federal debt, then the government shall cause the
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payment of fees and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant
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to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s
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counsel Joseph C. Fraulob.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
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attorney fees and does not constitute an admission of liability on the part of Defendant under the
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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any
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and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in
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connection with this action.
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DATE: January 17, 2017
By /s/ Joseph Clayton Fraulob
JOSEPH CLAYTON FRAULOB
Attorney for plaintiff
DATE: January 17, 2017
PHILLIP A. TALBERT
United States Attorney
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By /s/ Carolyn B. Chen
(As authorized via email on January 17, 2017)
CAROLYN B. CHEN
Special Assistant U.S. Attorney
Attorneys for Defendant
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ORDER
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APPROVED AND SO ORDERED
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Dated: January 18, 2017
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