Brown v. Commissioner of Social Security
Filing
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ORDER GRANTING re 32 Stipulation Settling Attorney's Fees Pursuant to The Equal Access To Justice Act filed by Carolyn W. Colvin. Signed by Judge Joseph C. Spero on 7/21/14. (klhS, COURT STAFF) (Filed on 7/21/2014)
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MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
THEOPHOUS H. REAGANS, CSBN 189450
Special Assistant United States Attorney
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160 Spear Street, Suite 160
San Francisco, California 94105
Telephone: (415) 977-8938
Facsimile: (415) 744-0134
E-Mail: Theophous.Reagans@ssa.gov
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Attorneys for Defendant
UNITED STATES DISTRICT COURT,
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NORTHERN DISTRICT OF CALIFORNIA
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BARBARA BROWN,
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CASE NO. 3;13-CV-03985-JCS
Plaintiff,
STIPULATION AND PROPOSED ORDER
SETTLING ATTORNEY’S FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)
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vs.
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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
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Defendant.
__________________________________
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IT IS HEREBY STIPULATED by and between the parties through their undersigned
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counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the
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Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND
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DOLLARS ($5,000.00). This amount represents compensation for all legal services rendered on
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behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §
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2412(d).
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After the Court issues an order for EAJA fees, expenses and costs to Plaintiff, the
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government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and
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costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to
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honor the assignment will depend on whether the fees, expenses and costs are subject to any
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Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice
Act, 28 U.S.C. § 2412(d)
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offset allowed under the United States Department of the Treasury's Offset Program. After the
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order for EAJA fees, expenses and costs is entered, the government will determine whether they
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are subject to any offset.
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Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the
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Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause
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the payment of fees, expenses and costs to be made directly to HOMELESS ACTION CENTER,
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pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to
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Plaintiff's counsel.
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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA
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attorney fees, expenses and costs, and does not constitute an admission of liability on the part of
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Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release
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from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to
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EAJA attorney fees and expenses and costs in connection with this action.
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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.
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Respectfully submitted,
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Dated: July 17, 2014
/s/Ann Rubinstein
ANN RUBINSTEIN
HOMELESS ACTION COMMITTEE
Attorney for Plaintiff
[as authorized by telephone]
Dated: July 17, 2014
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MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
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/s/ Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant U.S. Attorney
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Attorneys for Defendant
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By:
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Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice
Act, 28 U.S.C. § 2412(d)
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R NIA
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DATED: 7/21/14
Spero
LI
ER
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seph C.
Judge Jo
FO
S
UNIT
ED
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RT
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RT
U
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APPROVED AND SO ORDERED:
NO
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ISTRIC
ES D
TC
AT
T
ORDER
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OF
D
C.IS T RIC T
SPERO
C
JOSEPH
UNITED STATES MAGISTRATE JUDGE
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Stipulation and Proposed Order Settling Attorney’s Fees Pursuant To The Equal Access To Justice
Act, 28 U.S.C. § 2412(d)
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