Duran v. Commissioner of Social Security

Filing 18

ORDER granting 17 Motion for Attorney Fees. SO ORDERED that Plaintiff is awarded $2,000.00 (Two Thousand Dollars and No Cents) in attorney fees pursuant to the Equal Access to Justice Act ("EAIA"), 28 U.S.C. § 2412, in full satisfaction of any claim under that statute. Ordered by Judge Sandra J. Feuerstein on 9/16/2013. (Florio, Lisa)

D/F
Case 2:13-cv-00574-SJF Document 17 Filed 09/13/13

Page 1 of 3 PageiD #:50

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STIPULATION AND ORDER
REGARDING ATTORNEY FEES

AIDA DURAN.
Plaintill:

Civil Action No. 13-CV -0574
-against(Feuerstein, J.)
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
----.---- .. - •• -.- • -- .. ------------X

FILED

IN CLERK'S OFFICE
US DISTRICT COURTED NY

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Sj ·, 62013

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LONG ISLAND OFFICE
IT IS HEREBY STIPULATED AND AGREED by and between counsel for
Plaintiff, AIDA DURAN. and counsel for Defendant. the ACTING COMMISSIONER OF
SOCIAL SECURITY. that Plaintiff is awarded $2,000.00 (Two Thousand Dollars and No Cents)
in attorney fees pursuant to the Equal Access to Justice Act ("EAIA"), 28 U.S.C. § 2412, in full
satisfaction of any claim under that statute.

Payment of fees may be made directly to Plaintiffs

attorney provided that Plaintiff has agreed to assign her rights to the fees to the attorney and
provided that Plaintiff owes no debt that is subject to offset under the Treasury Offset Program.
This award tmder the EAJA is without prejudice to any subsequent application for
fees that counsel may make under 42 U.S. C.§ 406(b), which application cannot be made unless
and until Defendant detennines that PlaintiJT is entitled to an award of benefits and computes any

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Case 2:13-cv-00574-SJF Document 17 Filed 09/13/13 Page 2 of 3 PageiD #:51

Dumn c. Commis.sionerofSociHJ Sccwit_v. 13-CV-574 (SJF) E4JA SriplllHtioll
such past-due beneJits.

Dated:

Middletown. New York
September U.. 2013

Middletown. New York
( 845) 588-0708

10941

will iarn:.:II15!.rrison'IL:gmai l.com
Central Islip, Nevv York
September 12. 2013

LORETIA E. LY'JCH
United States Attorney
Eastern District of New York
610 Federal Pla7.a
Central Islip, New York 11722

By:

4?;:.~1/t. ~-Kennetl1 M. Abell
Assistant lJ.S. Attorney
(631) 715-78330

kcnnetJ:!c<ll>£1l:fL1154Pigov
SOOR!)ERED:

s/ Sandra J. Feuerstein
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-,r;-- ............... -----Honorable Sanwa J. feuerstein
United States District Judge

9ll&j13

Case 2:13-cv-00574-SJF Document 17 Filed 09/13/13 Page 3 of 3 PageiD #: 52

WILLIAM V. MORRISON, ESQ.
P.O. Box 4284
Middletown, NY 10941
845-588-0708
[e-mail]

PLEASE READ CAREFULLY

FEE AGREEMENT· FEDERAL COURT
SSI/SOCIAL SECURITY DISABILITY
I hereby employ William V. Morrison to represent me in federal court review of my SSI/SOCIAL
SECURITY DISABILITY case.
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I.

My attorney has explained to me that iii~ !HI! 11M that the attorney fee must be approved by the federal
court for representation in federal court. I understand that the total fee could amount to several
thousand dollars or several hundred dollars per hour on an hourly basis; I understand that my attorney
is accepting my case because of the possibility of obtaining substantial fees. I agree to cooperate in
any way that I can so that my attorney's full fee is authorized.
I understand that usually all of the attorney fees will be paid from my past-due benefits. However,
sometimes a court will order the government to pay a portion of the attorney fees pursuant to the Equal
Access to Justice Act (EAJA). If this happens, I hereby assign any court awarded EAJA attorney fees to
my attorney. I agree that any such payment belongs to my attorney. If my attorney receives an EAJA
check made payable to me. I hereby explicitly give permission to my attorney to endorse the check with
my name and deposit it in my attorney's general office account.
Nevertheless, the court-awarded EAJA attorney fees may reduce the amount that I will be obligated to
pay from my past-due benefits and it could mean that no attorney fee will come out of my back benefits.
that 1s, the entire fee will be paid by the government under the EAJA. On the other hand, it could work out
that my attorney will receive the 25% fee and, in addition, my attorney will receive part or the entire courtawarded EAJA fee. But in no case will the fee that comes out of the back benefits paid on my account be
greater than 25% (including the fee paid for work on my case that may be made before the Social
Security Administration).
This agreement terminates at the option of my attorney if we lose m the federal district court.

Date: 3/18/13
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,/_.<:.,.,__.-r--·--·;J"--~7---.____

Signature

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William V. Morrison,

3/18/13
Date

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