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)

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
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333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

8 Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

12 PATRICIA HERBORN,
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Plaintiff,
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v.

15 MICHAEL J. ASTRUE,
COMMISSIONER OF
16 SOCIAL SECURITY,
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Defendant.

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Case No. 4:11-cv-0013-SBA

JOINT MOTION AND ORDER
FOR THE AWARD OF ATTORNEY FEES

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IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
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subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to
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Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of three thousand and two hundred dollars
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and no cents ($3,200.00). 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 and expenses to Plaintiff, the government will
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consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney.
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Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend
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on whether the fees and expenses are subject to any offset allowed under the United States
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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.

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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.
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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.
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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.
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Respectfully submitted,

13 Dated: October 25, 2011

/s/ Pamela Vincent
(As authorized via email)
PAMELA VINCENT
Attorney for Plaintiff

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16 Dated: October 13, 2011
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MELINDA L. HAAG
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Kathryn R. Watson
KATHRYN R. WATSON
Special Assistant United States Attorney

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Attorneys for Defendant
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IT IS SO ORDERED:
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Dated: _10/31/11
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__________________________________
THE HONORABLE SAUNDRA BROWN ARMSTRONG
United States Judge

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Joint Motion for EAJA Fees
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4:11-cv-013