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Malloy v. Astrue

United States District Court, Ninth Circuit

May 13, 2013

KERRI JOSEPH MALLOY, Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of U.S.C. § 2412(d), Social Security, U.S.C. § 1920 Defendant.

KENNETH J. COLLINS, CSBN 100579 ATTORNEY AT LAW, ARCATA, CA 95518 Attorney for Plaintiff.

KENNETH J. COLLINS, Attorney for Plaintiff.

MELINDA L. HAAG, United States Attorney, DONNA L. CALVERT, Regional Chief Counsel, Region IX Social Security Administration.

PATRICK WILLIAM SNYDER, Special Assistant United States Attorney Attorneys for Defendant.

STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND COSTS UNDER 28 U.S.C. § 1920 & ORDER

NANDOR J. VADAS, Magistrate Judge.

TO THE HONORABLE NANDOR J. VADAS, MAGISTRATE JUDGE OF THE DISTRICT COURT:

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 and expenses in the amount of THREE THOUSAND AND SEVEN HUNDRED dollars ($3, 700.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 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 Mr. Malloy's assignment of EAJA fees to Kenneth J. Collins. The retainer agreement containing the assignment is attached as Exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (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 Kenneth J. Collins, but if the Department of the Treasury determines that Mr. Malloy does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Mr. Collins, pursuant to the assignment executed by Mr. Malloy. Any payments made shall be delivered to Mr. Collins.

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 or otherwise. Payment of THREE THOUSAND AND SEVEN HUNDRED dollars and 00/100 cents ($3, 700.00) in EAJA attorney fees, shall constitute a complete release from, and bar to, any and all claims that Plaintiff Kerri Malloy and Plaintiff's Attorney Kenneth J. Collins may have relating to EAJA attorney fees in connection with this action.

This award is without prejudice to the rights of Plaintiff's Attorney, Kenneth J. Collins to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.

IT IS SO ORDERED.


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