Opinion
Case No. 11-11803
03-16-2012
KATHLEEN McKEE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BARBARA L. McQUADE UNITED STATES ATTORNEY EDDY PIERRE PIERRE Attorney for Plaintiff ANDREW J. LIEVENSE Assistant U.S. Attorney P-68925 Of Counsel: Grace M. Kim Acting Regional Chief Counsel Jason Scoggins Assistant Regional Counsel Office of the Regional Chief Counsel Social Security Administration
Honorable Robert H. Cleland
Magistrate Judge Mark R. Randon
JOINT STIPULATION FOR AN AWARD OF ATTORNEY'S FEES UNDER THE
EQUAL ACCESS TO JUSTICE AWARD
Plaintiff and Defendant, by their respective counsel, hereby stipulate to an award of attorney fees and expenses in the sum of $5354.10 and costs in the amount of $0 in full satisfaction and settlement of any and all claims Plaintiff may have in this matter pursuant to the Equal Access to Justice Act in the above case. The award will fully satisfy any and all of Plaintiff's claims for fees, costs, and expenses under 28 U.S.C. § 2412, that may be payable for counsel's work before the Court in this case. Any fees paid belong to Plaintiff and not her attorney and can be offset to satisfy pre-existing debt that the litigant owes the United States under Astrue v. Ratliff, 177 L. Ed. 2d 91 (2010). Plaintiff and Defendant move that the Court enter an order awarding Plaintiff EAJA fees and expenses in the amount of $5354.10 and costs in the amount of $0.
After the court enters this award, if counsel for the Defendant can verify that Plaintiff owes no pre-existing debt subject to offset, the Defendant will direct that the award be made payable to Plaintiff's attorney pursuant to the EAJA assignment duly signed by Plaintiff and counsel.
WHEREFORE, the parties request that the Court enter an order awarding Plaintiff attorney fees and expenses in the sum of $5354.10 and costs in the amount of $0 in settlement of any and all claims she may have in the matter pursuant to the Equal Access to Justice Act.
Respectfully submitted,
BARBARA L. McQUADE
UNITED STATES ATTORNEY
_________________________
EDDY PIERRE PIERRE
Attorney for Plaintiff
By: _________________________
ANDREW J. LIEVENSE
Assistant U.S. Attorney
P-68925
Of Counsel:
Grace M. Kim
Acting Regional Chief Counsel
Jason Scoggins
Assistant Regional Counsel
Office of the Regional Chief Counsel
Social Security Administration
KATHLEEN McKEE, Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security, Defendant.
Case No. 11-11803
Honorable Robert H. Cleland
Magistrate Judge Mark R. Randon
ORDER
This matter comes before the Court on the parties' Joint Stipulation to Award EAJA Fees.
The Court, having read the Joint Stipulation and being duly advised now GRANTS said request, and hereby GRANTS the parties' Stipulation to Award EAJA Fees and ORDERS that Plaintiff be awarded attorney fees in the amount of $5354.10 and costs in the amount of $0 under the EAJA, 28 U.S.C. § 2412(d). This award will satisfy all Plaintiff's claims for fees, expenses, and costs under 28 U.S.C. § 2412.
_________________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, March 16, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522