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)

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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 ---------- - • --------- .• ------ ••. --X 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 * Sj ·, 62013 * 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 ·' ..-= .. 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 ---· -,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 williamvmorrison@gmail.com 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. ' 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 / .' ' ,/_.<:.,.,__.-r--·--·;J"--~7---.____ Signature ' ( " - ,' L William V. Morrison, 3/18/13 Date ; I ( Esq.~

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