Opinion
BENJAMIN B. WAGNER, United States Attorney, GRACE M. KIM, Regional Chief Counsel, DANIEL P. TALBERT, Special Assistant United States Attorney, Social Security Administration, San Francisco, CA, Attorneys for Defendant.
GLENN M. CLARK, (as authorized by email), Attorney for Plaintiff BENJAMIN B. WAGNER.
STIPULATION AND PROPOSED ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D), AND COSTS PURSUANT TO 28 U.S.C. § 1920
EDMUND F. BRENNAN, 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 EAJA in the amount of THREE THOUSAND FOUR HUNDRED dollars and 0 cents ($3, 400.00), and costs in the amount of $367.85 pursuant to 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412 and 1920. Fees and expenses shall be made payable to Plaintiff, but delivered to Plaintiff's counsel's address.
This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees and expenses 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 offset provisions of the EAJA.
ORDER
Pursuant to stipulation, plaintiff is awarded attorney fees under the EAJA in the amount of THREE THOUSAND FOUR HUNDRED dollars and 0 cents ($3, 400.00), and costs in the amount of $367.85
So ordered.