Contreras v. Commissioner of Social Security
Filing
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Stipulation and ORDER Awarding Attorney Fees Under the Equal Access to Justice Act, 28 U.S.C. 2412(d) signed by Magistrate Judge Dennis L. Beck on 10/14/2011. (Figueroa, O)
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
PETER K. THOMPSON, HSBN 5890
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: (415) 977-8959
Facsimile: (415) 744-0134
E-Mail: Peter.Thompson@ssa.gov
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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BECKY CONTRERAS
FOR MINOR SON
MARIANO SERRANO,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_________________________________)
1:10cv01028 DLB
STIPULATION AND ORDER AWARDING
ATTORNEY FEES UNDER 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 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 THREE THOUSAND, NINE HUNDRED
DOLLARS AND NO CENTS ($3,900.00). 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. § 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 (U.S. June 14, 2010), the ability to honor the assignment will depend
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on whether the fees and expenses are subject to any offset allowed under the United States Department of
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the Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the government
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will determine whether they are subject to any offset.
Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury
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determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of
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fees, expenses and costs to be made directly to Bess M. Brewer, pursuant to the assignment executed by
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Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel.
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This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees
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and expenses, and does not constitute an admission of liability on the part of Defendant under the EAJA.
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Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that
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Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees and expenses in connection
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with this action.
This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security Act
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attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA.
/s/Bess M. Brewer
(As authorized via email)
Dated: November 10, 2011
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BESS M. BREWER
Attorney for Plaintiff
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
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Dated: November 10, 2011
By
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/s/ Peter K. Thompson
PETER K. THOMPSON
Special Assistant U.S. Attorney
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IT IS SO ORDERED.
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Dated:
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9b0hie
November 14, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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