Schmidt v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/7/2017 ORDERING the award of the Equal Access To Justice Act fees. (Washington, S)

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HADLEY & FRAULOB
A Professional Law Corporation
230 Fifth Street
Marysville, CA 95901
[phone]
FAX [phone]
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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CHRISTINA SHAWN SCHMIDT,

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Plaintiff,

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vs.

STIPULATION FOR AWARD OF EAJA
FEES

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CIV. NO. 2:16-CV-00516-AC

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 four thousand, five

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hundred dollars ($4500.00). This amount represents compensation for all legal services rendered

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on behalf of Plaintiff by his counsel in connection with this civil action, in accordance with 28

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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: December 6, 2017

By /s/ Joseph Clayton Fraulob
JOSEPH CLAYTON FRAULOB
Attorney for plaintiff

DATE: December 6, 2017

PHILLIP A. TALBERT
United States Attorney

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By /s/ Sharon Lahey______
(As authorized via email)
SHARON LAHEY
Assistant Regional Counsel
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED

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DATED: December 7, 2017

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