Opinion
CASE NO. 2:10-CV-01941-CMK
10-27-2011
CHRIS PHILLIPS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant(s).
ANN M. CERNEY, Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney DONNA CALVERT Acting Regional Chief Counsel, Region IX, Social Security Administration Assistant United States Attorney SUNDEEP R. PATEL (As authorized by email on October 19, 2011) Special Assistant U.S. Attorney Attorneys for Defendant
ANN M. CERNEY, SBN: 068748
Attorney at Law
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX,
Social Security Administration
Assistant United States Attorney
SUNDEEP R. PATEL
Special Assistant United States Attorney
Attorneys for Defendant
STIPULATION FOR AWARD OF 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 SEVEN HUNDRED DOLLARS AND 00/100 ($5,700.00). 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. §§ 1920, 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees 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 are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset.
Fees 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 Plaintiff's counsel, 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 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 connection with this action.
Upon order by the Court awarding EAJA fees pursuant to this stipulation, Plaintiff's Application for Attorneys Fees and Expenses Under the Equal Access to Justice Act (Docket No. 38) is deemed withdrawn.
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 CALVERT
Acting Regional Chief Counsel, Region IX,
Social Security Administration
Assistant United States Attorney
SUNDEEP R. PATEL
(As authorized by email on October 19, 2011)
Special Assistant U.S. Attorney
Attorneys for Defendant
PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of FIVE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($5,700.00), as authorized by 28 U.S.C. § 2412(d), subject to the terms of the above-referenced Stipulation.
IT IS SO ORDERED.
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE