Filed: Dec. 12, 2014
Latest Update: Dec. 12, 2014
Summary: STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) ALLISON CLAIRE, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff, Leticia Garcia, be awarded attorney fees and expenses in the amount of seven thousand eight hundred dollars ($7,800) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d
Summary: STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) ALLISON CLAIRE, Magistrate Judge. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff, Leticia Garcia, be awarded attorney fees and expenses in the amount of seven thousand eight hundred dollars ($7,800) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d)..
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STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
ALLISON CLAIRE, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff, Leticia Garcia, be awarded attorney fees and expenses in the amount of seven thousand eight hundred dollars ($7,800) 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).
After the Court issues an order for EAJA fees to Leticia Garcia, the government will consider the matter of Leticia Garcia's assignment of EAJA fees to John V. Johnson. 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 Leticia Garcia, but if the Department of the Treasury determines that Leticia Garcia does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to John V. Johnson, pursuant to the assignment executed by Leticia Garcia. Any payments made shall be delivered to John V. Johnson.
This stipulation constitutes a compromise settlement of Leticia Garcia'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 the agreed amount shall constitute a complete release from, and bar to, any and all claims that Leticia Garcia and/or John V. Johnson including the Law Office of John V. Johnson may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of John V. Johnson and/or the Law Office of John V. Johnson to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
ORDER
The court will approve the parties' stipulation as to plaintiff's receipt of Equal Access to Justice Act ("EAJA") fees under 28 U.S.C. § 2412(d). In light of the parties' superseding stipulation the court will also vacate plaintiff's November 21, 2014, petition for attorney's fees. ECF No. 27.
APPROVED AND SO ORDERED.
