Smith v. Colvin

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER for the award and payment of EAJA fees and expenses under 28 U.S.C. § 2412(d), and costs, under 28 U.S.C. § 1920 filed by Carolyn W. Colvin. Signed by Judge Edward M. Chen on 7/16/15. (bpf, COURT STAFF) (Filed on 7/16/2015)

Case3:14-cv-01413-EMC Document27 Filed07/13/15 Page1 of 2
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MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT, SBN IL 6191786
Regional Chief Counsel, Region IX
Social Security Administration
TOVA WOLKING, CSBN 259782
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ANNE M. SMITH,

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Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.

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Case No. 3:14-cv-01413-EMC
STIPULATION AND PROPOSED ORDER
FOR THE AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d), AND
COSTS PURSUANT TO 28 U.S.C. § 1920

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IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses
in the amount of six-thousand, one-hundred dollars ($6,100.00) under the Equal Access to Justice
Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of four hundred dollars ($400.00)
under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on
behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§
1920; 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 David J. Linden. Pursuant to Astrue v. Ratliff,
Smith v. Colvin, 3:14-cv-01413-EMC – EAJA Stipulation

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Case3:14-cv-01413-EMC Document27 Filed07/13/15 Page2 of 2
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560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the fees are

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subject to any offset allowed under the United States Department of the Treasury’s Offset

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Program. After the order for EAJA fees is entered, the government will determine whether they

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are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,

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expenses and costs to be made directly to David J. Linden, pursuant to the assignment executed by

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Plaintiff. Any payments made shall be delivered to David J. Linden.

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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 or otherwise. Payment of the agreed amount shall constitute a complete release from, and

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bar to, any and all claims that Plaintiff and/or David J. Linden including Ralph Wilborn and David

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J. Linden’s firm may have relating to EAJA attorney fees in connection with this action.

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This award is without prejudice to the rights of David J. Linden and his firm and/or Ralph

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Wilborn to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings

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clause provisions of the EAJA.
Respectfully submitted,

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By:

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DATE: July 13, 2015

MELINDA L. HAAG
United States Attorney

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By:

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/s/ Tova D. Wolking
TOVA D. WOLKING
Special Assistant United States Attorney
Attorneys for Defendant

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July 16, 2015

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UNITED STATES DISTRICT COURT JUDGE
n
M. Che
Edward
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Judge

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Smith v. Colvin, 3:14-cv-01413-EMC – EAJA Stipulation

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DERED

O OR
EDWARD M. CHEN
IT IS S

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DATED:

UNIT
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ORDER
IT IS SO ORDERED.

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S DISTRICT
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/s/ David J. Linden*
DAVID J. LINDEN
Attorney for Plaintiff
*By email authorization on 7/10/15

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DATE: July 13, 2015

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