Herborn v. Astrue

Filing 27

ORDER by Judge ARMSTRONG finding as moot 23 Motion for Attorney Fees; granting 26 Motion for Attorney Fees (lrc, COURT STAFF) (Filed on 11/1/2011)

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1 MELINDA L. HAAG, CSBN 132612 United States Attorney 2 DONNA L. CALVERT, Illinois Bar No. 6191786 Acting Regional Chief Counsel, Region IX 3 Social Security Administration KATHRYN R. WATSON, CSBN 244142 4 Special Assistant United States Attorney 5 6 7 333 Market Street, Suite 1500 San Francisco, California 94105 Telephone: (415) 977-8928 Facsimile: (415) 744-0134 E-Mail: Kathryn.Watson@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 PATRICIA HERBORN, 13 Plaintiff, 14 v. 15 MICHAEL J. ASTRUE, COMMISSIONER OF 16 SOCIAL SECURITY, 17 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 4:11-cv-0013-SBA JOINT MOTION AND ORDER FOR THE AWARD OF ATTORNEY FEES 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 19 subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to 20 Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of three thousand and two hundred dollars 21 and no cents ($3,200.00). This amount represents compensation for all legal services rendered on 22 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 23 § 2412(d). 24 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will 25 consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney. 26 Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend 27 on whether the fees and expenses are subject to any offset allowed under the United States 28 Department of the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the government will determine whether they are subject to any offset. 1 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 2 determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of 3 fees, expenses and costs to be made directly to Pamela R. Vincent, pursuant to the assignment 4 executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees and expenses, and does not constitute an admission of liability on the part of Defendant under the 7 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and 8 all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees, expenses, 9 and costs in connection with this action. 10 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act 11 attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 12 Respectfully submitted, 13 Dated: October 25, 2011 /s/ Pamela Vincent (As authorized via email) PAMELA VINCENT Attorney for Plaintiff 14 15 16 Dated: October 13, 2011 17 18 MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 19 /s/ Kathryn R. Watson KATHRYN R. WATSON Special Assistant United States Attorney 20 21 Attorneys for Defendant 22 23 IT IS SO ORDERED: 24 25 Dated: _10/31/11 26 __________________________________ THE HONORABLE SAUNDRA BROWN ARMSTRONG United States Judge 27 28 Joint Motion for EAJA Fees 2 4:11-cv-013

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