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Crosby v. Colvin

United States District Court, Ninth Circuit

June 5, 2013

LATANYA DENISE CROSBY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, [1] Defendant.

BENJAMIN B. WAGNER, United States Attorney, GRACE M. KIM, Regional Chief Counsel, Region IX Social Security Administration, CYNTHIA B. DE NARDI, Special Assistant United States Attorney Social Security Administration San Francisco, CA, Attorneys for Defendant.

LAW OFFICES OF LAWRENCE D. ROHLFING CYRUS SAFA, Attorneys for Plaintiff.

STIPULATION AND ORDER FOR THE AWARD OF EQUAL ACCESS TO JUSTICE FEES AND COSTS

SHEILA K. OBERTO, Magistrate Judge.

The parties hereby stipulate through counsel that, subject to the Court's approval, Plaintiff shall be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §§ 1920 and 2412(d), in the amount of TWO-THOUSAND, NINE-HUNDRED NINETY FIVE DOLLARS AND FIFTY-FIVE CENTS ($2, 995.55) in attorney fees and SIXTY DOLLARS ($60.00) in costs. This amount represents compensation for all legal services rendered to Plaintiff by counsel in connection with this civil action, and is awarded in accordance with 28 U.S.C. §§ 1920, 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 , 130 S.Ct. 2521 (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 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 Cyrus Safa, pursuant to the assignment executed by Plaintiff. In such case, 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 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 offset provisions of the EAJA.

ORDER

Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that Plaintiff shall be awarded TWO-THOUSAND, NINE-HUNDRED NINETY FIVE DOLLARS AND FIFTY-FIVE CENTS ($2, 995.55) in attorney fees and SIXTY DOLLARS ($60.00) in costs, subject to the terms of the above-referenced Stipulation.

IT IS SO ORDERED.


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