Sullens v. Commissioner of Social Security

Filing 23

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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1 2 3 4 5 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 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 DELBERT LEON SULLENS, 10 11 Plaintiff, vs. STIPULATION FOR AWARD OF EAJA FEES AND ORDER 12 13 14 CIV. NO. 2:15-CV-001537-CMK COMMISSIONER OF SOCIAL SECURITY, Defendant 15 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 16 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 17 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of three thousand, 18 one hundred dollars ($3100.00). This amount represents compensation for all legal services 19 rendered on behalf of Plaintiff by his counsel in connection with this civil action, in accordance 20 with 28 U.S.C. 2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 22 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 23 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 26 determine if it is subject to any offset. 27 28 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 -1- 1 payment of fees and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant 2 to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s 3 counsel Joseph C. Fraulob. 4 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 5 attorney fees and does not constitute an admission of liability on the part of Defendant under the 6 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 7 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 8 connection with this action. 9 10 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 11 12 13 14 15 By /s/ Carolyn B. Chen (As authorized via email on January 17, 2017) CAROLYN B. CHEN Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 19 ORDER 20 APPROVED AND SO ORDERED 21 22 23 Dated: January 18, 2017 24 25 26 27 28 -2-

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