Brown v. Social Security, Commissioner of

Filing 21

ORDER Granting 20 Petition for Attorney Fees filed by Mark C. Brown. Signed by District Judge Robert H. Cleland. (Ciesla, C)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARK C. BROWN, CIVIL NO. 12-14506 Plaintiff, Judge Robert H. Cleland -vs- COMMISSIONER OF SOCIAL SECURITY, Defendant. STIPULATION FOR AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 Plaintiff and Defendant, by their respective counsel, stipulate to an award to Plaintiff of attorney fees and expenses in the amount of $6,000 in full satisfaction and settlement of any and all claims Plaintiff may have under the Equal Access to Justice Act in the above case. The award of attorney fees will satisfy all of Plaintiff’s claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case. Plaintiff and Defendant move that the Court award Plaintiff EAJA fees and expenses in the amount of $6,000. Any fees paid belong to Plaintiff and not his attorney and can be offset to satisfy pre-existing debt that the litigant owes the United States under Astrue v. Ratliff, 130 S. Ct. 2521 (June 14, 2010). After the court enters this award, if counsel for the parties can verify that Plaintiff owes no pre-existing debt subject to offset, the Defendant agrees to direct that the award be made payable to Plaintiff’s attorney pursuant to Plaintiff’s signed statement assigning any EAJA fees to his attorney. Respectfully submitted, BARBARA L. McQUADE United States Attorney s/Kiel J. Roeschke1 Kiel J. Roeschke Stu Johnson & Associates, P.C. 30500 Van Dyke Ave., Ste. 400 Warren, MI 48093 (586) 573-8800 E-mail: kiel@damichigan.com s/ Russell J. Cohen Russell J. Cohen Special Assistant United States Attorney Social Security Administration Office of the General Counsel 200 West Adams Street, 30th Floor Chicago, IL 60606 (877) 800-7578 ext. 19114 E-mail: russell.cohen@ssa.gov Local Counsel: Laura Anne Sagolla Assistant United States Attorney 211 W. Fort Street, Suite 2001 Detroit, MI 48226 (313) 226-0249 E-mail: usamie.ecfcivildcu@usdoj.gov DATED: January 22, 2014 1 Signed for with consent obtained by Special Assistant United States Attorney Russell J. Cohen, from Kiel Roeschke via email on January 22, 2014. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARK C. BROWN, Plaintiff, CIVIL NO. 12-14506 Judge Robert H. Cleland -vsCOMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER This matter comes before the Court on the parties’ Stipulation for Award of Attorney Fees Under the EAJA. And the Court, having read the Stipulation and being duly advised, hereby orders that: Plaintiff be awarded: $6,000 for attorney fees and expenses under 28 U.S.C. § 2412(d), and $0 for costs under 28 U.S.C. § 2412(a). This award will satisfy all Plaintiff’s claims for fees, expenses, and costs under 28 U.S.C. § 2412. s/Robert H. Cleland Robert H. Cleland United States District Judge DATED: January 23, 2014

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