Apel v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 12/7/2017 ORDERING that Plaintiff be awarded attorney fees under the Equal Access To Justice Act in the amount of $4750.00. (Hunt, G)

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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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DAVID IRVING APEL,

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Plaintiff,
vs.

CIV. NO. 2:16-CV-01022-EFB
STIPULATION FOR AWARD OF EAJA
FEES

COMMISSIONER OF SOCIAL SECURITY,
Defendant
IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and
with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under
the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of four thousand,
seven hundred and fifty dollars ($4750.00). This amount represents compensation for all legal
services rendered on behalf of Plaintiff by his counsel in connection with this civil action, in
accordance with 28 U.S.C. 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider
the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v.
Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on
whether the fees are subject to any offset allowed under the United States Department of the
Treasury’s Offset Program. After the order to EAJA fees is entered, the government will
determine if it is subject to any offset.
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
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/ Beatrice Na______
(As authorized via email)
BEATRICE NA
Assistant Regional Counsel
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.
DATED: December 7, 2017.

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