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)
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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