Conklin v. Commissioner of Social Security

Filing 24

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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1 2 3 4 5 BESS M. BREWER, #100364 LAW OFFICE OF BESS M. BREWER P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 385-7517 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 7 CRAIG T. CONKLIN JR. 8 9 Plaintiff, 10 11 12 13 14 v. CAROLYN W. COLVIN ACTING COMMISSIONER OF SSA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 15-1616 CKD STIPULATION AND ORDER APPROVING SETTLEMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 15 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 16 counsel, subject to the Court’s approval, that Plaintiff be awarded attorney fees under the Equal 17 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FOUR THOUSAND NINE 18 HUNDRED DOLLARS AND ZERO CENTS ($4,900.00). This amount represents compensation for 19 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 20 accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees and expenses to 21 22 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 23 ability to honor the assignment will depend on whether the fees and expenses are subject to any 24 offset allowed under the United States Department of the Treasury’s Offset Program. 25 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 26 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 27 fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment 28 1 executedby Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 2 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney 3 fees and expenses, and does not constitute an admission of liability on the part of Defendant under 4 the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 5 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and 6 expenses in connection with this action. 7 8 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. 9 10 11 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 12 13 14 15 16 17 /s/ Jeffrey Chen JEFFREY CHEN Special Assistant United States Attorney 18 Attorneys for Defendant 19 20 ORDER 21 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees 22 in the amount of FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS 23 ($4,900.00) , as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced 24 Stipulation. 25 26 27 28 Dated: January 20, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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