Opinion
Case No.: 1:12-cv-00423-BAM
04-01-2013
DEBRA L. NICHOLSON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
(As authorized by e-mail) Shanny J. Lee Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney GRACE M. KIM Regional Chief Counsel, Region IX, Social Security Administration SHEA LITA BOND Special Assistant United States Attorney
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX,
Social Security Administration
SHEA LITA BOND
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: (415) 977-8934
Fax: (415) 744-0134
E-Mail: Shea.Bond@ssa.gov
Attorneys for Defendant
STIPULATION AND ORDER
FOR THE AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT, 28 U.S.C. § 2412(d)
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of five-thousand, two-hundred and fifty dollars ($5,250.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and three-hundred and fifty dollars ($350.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. 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), 1920.
After the Court issues an order for EAJA fees and costs to Plaintiff, the government will consider any assignment of EAJA fees and costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and costs is entered, the government will determine whether they are subject to any offset.
Fees 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 to be made directly to the attorney, pursuant to any assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.
This stipulation constitutes a compromise settlement of Plaintiffs request for EAJA attorney fees and costs, 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 Plaintiffs counsel may have relating to EAJA attorney fees and costs in connection with this action.
This award is without prejudice to the rights of Plaintiffs counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA.
Respectfully submitted,
________
(As authorized by e-mail)
Shanny J. Lee
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX, Social Security Administration
By: ________
SHEA LITA BOND
Special Assistant United States Attorney
ORDER
Based on the Stipulation of the parties (Doc. 18), Plaintiff will be awarded attorney fees in the amount of five-thousand, two-hundred and fifty dollars ($5,250.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and three-hundred and fifty dollars ($350.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. The payments shall be made in accordance with the parties' stipulation. IT IS SO ORDERED.
Barbara A. McAulille
UNITED STATES MAGISTRATE JUDGE