Fiellen v. Commissioner of Social Security
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/16/11 ORDERING that the 31 Motion for Attorney Fees is GRANTED; that fees and expenses in the amount of $5,300.00 be awarded subject to the terms of the Stipulation. (Benson, A.)
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BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
KATHRYN R. WATSON
Special Assistant United States Attorney
333 Market Street, Suite 1500
San Francisco, California 94105
Telephone: (415) 977-8928
Facsimile: (415) 744-0134
E-Mail: Kathryn.Watson@ssa.gov
Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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BRENDA FIELLEN,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of
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Social Security,
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Defendant.
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_________________________________)
CIVIL NO. 2:09-CV-02496-EFB
STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES
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IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
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subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to
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Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of five thousand three hundred dollars and no
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cents ($5,300.00). This amount represents compensation for all legal services rendered on behalf of
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Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d).
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After the Court issues an order for EAJA fees and expenses to Plaintiff, the government will
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consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff’s attorney.
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Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on
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whether the fees, expenses are subject to any offset allowed under the United States Department of the
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Treasury’s Offset Program. After the order for EAJA fees and expenses is entered, the government will
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determine whether they are subject to any offset.
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Fees, 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
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fees and expenses, and does not constitute an admission of liability on the part of Defendant under the
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EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all
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claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees, expenses, and
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costs in connection with this action.
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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 provisions of the EAJA.
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Respectfully submitted,
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Dated: June 13, 2011
/s/ Bess M. Brewer
(As authorized via email)
BESS M. BREWER
Attorney for Plaintiff
Dated: June 14, 2011
BENJAMIN B. WAGNER
United States Attorney
LUCILLE GONZALES MEIS
Regional Chief Counsel, Region IX
Social Security Administration
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/s/ Kathryn R. Watson
KATHRYN R. WATSON
Special Assistant United States Attorney
Social Security Administration
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ORDER
IT IS SO ORDERED that fees and expenses in the amount of $5,300.00 as authorized by 28
U.S.C. § 2412 be awarded subject to the terms of the Stipulation.
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Dated: June 16, 2011.
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