Opinion
CASE NO. 2:11-CV-01634-CKD
01-24-2013
JOHN J. OLIVERI, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant(s).
ANN M. CERNEY, SBN: 068748 Attorney at Law Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Social Security Administration ARMAND D. ROTH, (by email authorization on January 23, 2013) Special Assistant United States Attorney Attorneys for Defendant
ANN M. CERNEY, SBN: 068748
Attorney at Law
Attorney for Plaintiff
STIPULATION AND PROPOSED ORDER
SETTLING ATTORNEY'S 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 be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of FIVE THOUSAND SIXTY-ONE DOLLARS AND FORTY CENTS ($5,061.40). 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 to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, - S.Ct. - , 2010 WL 2346547 (U.S. June 14, 2010), the ability to honor the assignment will depend on whether the fees and expenses 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 is entered, the government will determine whether they are subject to any offset.
Fees and expenses 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 Ann M. Cerney, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel.
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 provisions of the EAJA.
Respectfully submitted,
______________________
ANN M. CERNEY,
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel,
Social Security Administration
______________________
ARMAND D. ROTH,
(by email authorization on January 23, 2013)
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
______________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE