Opinion
Case No. 1:11-CV-01331-SKO
07-26-2012
CAROLYN WATTS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration DANIEL P. TALBERT Special Assistant United States Attorney Attorneys for Defendant
BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
DANIEL P. TALBERT
Special Assistant United States Attorney
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), AND COSTS PURSUANT
TO 28 U.S.C. § 1920
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 ONE THOUSAND FOUR HUNDRED TWENTY-SIX dollars and 66 cents ($1,426.66), and costs in the amount of THREE HUNDRED FIFTY dollars and 0 cents ($350.00) 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.
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.
Following the issuance of an order by the Court, the United States Department of the Treasury will determine whether Plaintiff owes a government debt and take appropriate action according to its own statutes and regulations, as permitted by Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If no debt is owed, then the Government will accept Plaintiff's assignment of EAJA fees and make the check payable to Robert Christenson, counsel for Plaintiff.
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.
Respectfully submitted July 25, 2012.
Respectfully submitted,
____________________
(As authorized via email)
ROBERT CHRISTENSON
Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
By ________________
DANIEL P. TALBERT
Special Assistant U. S. Attorney
Attorneys for Defendant Michael J. Astrue
ORDER
PURSUANT TO ABOVE STIPULATION for the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of ONE THOUSAND FOUR HUNDRED TWENTY-SIX dollars and 66 cents ($1,426.66), and costs in the amount of THREE HUNDRED FIFTY dollars and 0 cents ($350.00) pursuant to 28 U.S.C. § 1920, subject to the terms of the Stipulation.
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE