Filed: May 26, 2017
Latest Update: May 26, 2017
Summary: STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that WOLFF ("Plaintiff") be awarded attorney fees and expenses in the amount of EIGHT THOUSAND SEVEN HUNDRED dollars ($8,700) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). This amount
Summary: STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412(d) DEBORAH BARNES , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that WOLFF ("Plaintiff") be awarded attorney fees and expenses in the amount of EIGHT THOUSAND SEVEN HUNDRED dollars ($8,700) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). This amount r..
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STIPULATION AND ORDER FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
DEBORAH BARNES, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that WOLFF ("Plaintiff") be awarded attorney fees and expenses in the amount of EIGHT THOUSAND SEVEN HUNDRED dollars ($8,700) 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 Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees to Plaintiff's counsel Jared Walker. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (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 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, expenses and costs to be made directly to Jared Walker, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel Jared Walker.
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 the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel Jared Walker including Jared Walker's law firm may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Jared Walker and/or Jared Walker's firm 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 the parties' stipulation, IT IS SO ORDERED.1
