Opinion
BENJAMIN B. WAGNER, United States Attorney, DONNA L. CALVERT, Acting Regional Chief Counsel Social Security Administration BRENDA M. PULLIN, Special Assistant United States Attorney, San Francisco, California, Attorneys for Defendant.
LAW OFFICES OF HADLEY & FRAULOB, JOSEPH C. FRAULOB, Attorney for Plaintiff.
STIPULATION AND PROPOSED ORDER FOR AWARD OF ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
CAROLYN K. DELANEY, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND FIVE HUNDRED DOLLARS AND 00/CENTS ($5, 500.00), and costs in the amount of THREE HUNDRED FIFTY DOLLARS AND 00/CENTS ($350.00). This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees and expenses and costs to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses and costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees, expenses and costs are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and expenses and costs is entered, the government will determine whether they are subject to any offset.
Fees, expenses and costs shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Joseph C. Fraulob, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel Joseph C. Fraulob.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of FIVE THOUSAND FIVE HUNDRED DOLLARS AND 00/CENTS ($5, 500.00), and costs in the amount of THREE HUNDRED FIFTY DOLLARS AND 00/CENTS ($350.00), shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to EAJA fees in connection with this action.
This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA.
ORDER
IT IS SO ORDERED.