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)

Download PDF
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 DAVID IRVING APEL, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -1- 1 to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s 2 counsel Joseph C. Fraulob. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 4 attorney fees and does not constitute an admission of liability on the part of Defendant under the 5 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 6 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees in 7 connection with this action. 8 9 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 10 11 12 13 14 By /s/ Beatrice Na______ (As authorized via email) BEATRICE NA Assistant Regional Counsel Attorneys for Defendant 15 16 17 18 ORDER 19 20 21 APPROVED AND SO ORDERED. DATED: December 7, 2017. 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?