Wyant v. Astrue

Filing 27

STIPULATION AND ORDER RE: 26 FOR THE AWARD OF ATTORNEY'S FEES. Signed by Judge Richard Seeborg on 8/23/10. (cl, COURT STAFF) (Filed on 8/23/2010)

Wyant v. Astrue

Doc. 27

*E-Filed 8/23/10* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARD A. WYANT

MELINDA L. HAAG United States Attorney LUCILLE GONZALES MEIS Regional Chief Counsel, Region IX TIMOTHY R. BOLIN, SBN CA 259511 Special Assistant United States Attorney 333 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-744-0134 Email: [e-mail] Attorneys for Defendant Michael J. Astrue, Commissioner of Social Security UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) ______________________________) Case No. 3:09-cv-01723-RS STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)

THE PARTIES HEREBY STIPULATE, through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND DOLLARS ($6,000.00). This amount represents compensation for all legal services that counsel rendered on Plaintiff's behalf 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, - S.Ct. - , 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment

Wyant v. Astrue, Case No. 3:09-cv-01723-RS: Stipulation and Proposed Order

Dockets.Justia.com

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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 for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees 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, expenses, and costs to be made directly to Plaintiff's counsel, Harvey P. Sackett, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, not an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from--and bar to--any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees in connection with this action. 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 provisions of the EAJA. Respectfully submitted, Date: August 17, 2010 By: SACKETT AND ASSOCIATES /s/ Harvey P. Sackett* HARVEY P. SACKETT *By email authorization Attorney for Plaintiff Dated: August 17, 2010 MELINDA L. HAAG United States Attorney LUCILLE GONZALES MEIS Social Security Administration Regional Chief Counsel, Region IX By: /s/ Timothy R. Bolin TIMOTHY R. BOLIN Special Assistant United States Attorney Attorneys for Defendant

Wyant v. Astrue, Case No. 3:09-cv-01723-RS: Stipulation and Proposed Order

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ORDER THE COURT ORDERS the award of EAJA fees in the amount of SIX THOUSAND DOLLARS ($6,000.00), subject to the terms of the foregoing stipulation. Dated: ____________________________________ HONORABLE RICHARD SEEBORG United States District Court Judge

8/23/10

Wyant v. Astrue, Case No. 3:09-cv-01723-RS: Stipulation and Proposed Order