STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND [PROPOSED] ORDER

ROBERT M. ILLMAN, Magistrate Judge.

TO THE HONORABLE ROBERT M. ILLMAN, MAGISTRATE JUDGE OF THE DISTRICT COURT:

Plaintiff's Counsel, Kenneth J. Collins passed away on April 23, 2018. Jennifer Collins is the special administrator of the Estate of Kenneth J. Collins. A copy of the Order for Probate Special Administrator dated June 8, 2018 is attached as Exhibit 1.

IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel and special administrator, Jennifer Collins for the Estate of Kenneth J. Collins, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of FIVE THOUSAND, FOUR HUNDRED DOLLARS AND 00/100 CENTS ($5,400.00) 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) (Attorney's hourly rate is $192.68 times 28.10 hours equals $5,414.30).

After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of ALICE CRAIN assignment of EAJA fees to the Estate of Kenneth J. Collins. The retainer agreement containing the assignment is attached as Exhibit 2. 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 ALICE CRAIN, but if the Department of the Treasury determines that ALICE TRUE CRAIN 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 ALICE CRAIN. 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 FIVE THOUSAND, FOUR HUNDRED DOLLARS AND 00/100 CENTS ($5,400.00) in EAJA attorney fees, shall constitute a complete release from, and bar to, any and all claims that Plaintiff CRAIN and Plaintiff's Attorney Kenneth J. Collins 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 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.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded attorney fees in the amount of __________________________________________________ __________________________________________________________________________________ _______________________, as authorized by 28 U.S.C. 2412(d), subject to the terms of the above-referenced Stipulation.

ASSIGNMENT OF EAJA FEE

I, Alice Hadley Grain, Plaintiff, in the above case, assign any entitlement that I may have to a fee under the Equal Access to Justice Act ("EAJA), 28 U.S.C. 2412, to my attorney Kenneth J. Collins. I acknowledge that the fee compensates my attorney, Kenneth J. Collins in while or in part, depending on whether I am ultimately awarded benefits before the U.S. District Court. Therefore, I direct that the EAJA award should be made payable to counsel and not to me as the Plaintiff.

WHEREFORE, I assign any right interest I may have in the award of an EAJA fee and understand that the EAJA award shall be paid to my attorney, Kenneth J. Collins, to help compensate counsel for the work performed on this case in the U.S. District Court and, when applicable, before the Commissioner on remand.