Filed: Apr. 01, 2013
Latest Update: Apr. 01, 2013
Summary: STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) BARBARA A. McAULIFFE, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of five-thousand, two-hundred and fifty dollars ($5,250.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), and three-hundred and fifty do
Summary: STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) BARBARA A. McAULIFFE, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of five-thousand, two-hundred and fifty dollars ($5,250.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d), and three-hundred and fifty dol..
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STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
BARBARA A. McAULIFFE, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff will be awarded attorney fees in the amount of five-thousand, two-hundred and fifty dollars ($5,250.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and three-hundred and fifty dollars ($350.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. 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), 1920.
After the Court issues an order for EAJA fees and costs to Plaintiff, the government will consider any assignment of EAJA fees and costs to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2252-2253 (2010), the ability to honor any such 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 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 to be made directly to the attorney, pursuant to any assignment executed by Plaintiff. 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 costs, 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 costs 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(b), subject to the offset provisions of the EAJA.
ORDER
Based on the Stipulation of the parties (Doc. 18), Plaintiff will be awarded attorney fees in the amount of five-thousand, two-hundred and fifty dollars ($5,250.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and three-hundred and fifty dollars ($350.00) in costs under Taxation of Costs, 28 U.S.C. § 1920. The payments shall be made in accordance with the parties' stipulation.
IT IS SO ORDERED.
