Conklin v. Commissioner of Social Security
Filing
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STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/2017 AWARDING the plaintiff attorney fees in the amount of $4,900.00, as authorized by 28 U.S.C. § 2412(d). (Michel, G.)
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BESS M. BREWER, #100364
LAW OFFICE OF BESS M. BREWER
P.O. Box 5088
Sacramento, CA 95817
Telephone: (916) 385-7517
besshelena@earthlink.net
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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CRAIG T. CONKLIN JR.
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Plaintiff,
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v.
CAROLYN W. COLVIN
ACTING COMMISSIONER OF SSA,
Defendant.
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Case No. 15-1616 CKD
STIPULATION AND ORDER APPROVING
SETTLEMENT OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT
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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
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counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal
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Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND NINE
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HUNDRED DOLLARS AND ZERO CENTS ($4,900.00). This amount represents compensation for
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all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in
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accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to
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Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees and
expenses to Plaintiff’s attorney. Pursuant to Astrue v. Ratliff,130 S.Ct. 2521 (U.S. June 14, 2010), the
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ability to honor the assignment will depend on whether the fees and expenses are subject to any
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offset allowed under the United States Department of the Treasury’s Offset Program.
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Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury
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determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of
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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment
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executedby Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.
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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney
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fees and expenses, and does not constitute an admission of liability on the part of Defendant under
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the 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 and
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expenses in connection with this action.
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This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act
attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
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Dated: January 18, 2017
/s/Bess M. Brewer
BESS M. BREWER
Attorney at Law
Attorney for Plaintiff
Dated: January 18, 2017
Phillip A. Talbert
Acting United States Attorney
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/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
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Attorneys for Defendant
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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees
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in the amount of FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS
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($4,900.00) , as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced
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Stipulation.
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Dated: January 20, 2017
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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