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Leal v. Colvin

United States District Court, Ninth Circuit

August 13, 2013

MARIA CONCEPCION LEAL, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

BENJAMIN B. WAGNER, United States Attorney, DONNA L. CALVERT, Acting Regional Chief Counsel, Region IX Social Security Administration, ELIZABETH FIRER, Special Assistant United States Attorney, San Francisco, California Attorneys for Defendant.

ANN M. CERNEY, SBN: 068748, Cerney Kreuze & Lott, LLP, Attorneys for Plaintiff.

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

CAROLYN K. DELANEY, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties, through their undersigned counsel, subject to the Court's approval, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of SIX THOUSAND FIVE HUNDRED DOLLARS ($6, 500). 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. § 2412(d).

After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff's assignment of fees to her attorney. Pursuant to Astrue v. Ratliff , 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the fees and costs are subject to any offset allowed under the United States Department of the Treasury's Offset Program. After the order for EAJA fees and costs is entered, the government will determine whether they are subject to any offset.

Fees and costs 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, expenses and costs to be made directly to Ann M. Cerney, pursuant to the assignment executed by Plaintiff.

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.

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

APPROVED AND SO ORDERED.


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