Filed: Apr. 17, 2015
Latest Update: Apr. 17, 2015
Summary: 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 KANDIS A. WESTMORE , Magistrate Judge . IT IS HERE BY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of three thousand seven hundred fifty dollars ($3,750.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). This a
Summary: 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 KANDIS A. WESTMORE , Magistrate Judge . IT IS HERE BY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of three thousand seven hundred fifty dollars ($3,750.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). This am..
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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
KANDIS A. WESTMORE, Magistrate Judge.
IT IS HERE BY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount of three thousand seven hundred fifty dollars ($3,750.00) 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).
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 the Homeless Action Center. 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 to be made directly to Homeless Action Center, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Homeless Action Center.
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 Kyle Kitson or Homeless Action Center may have relating to EAJA attorney fees in connection with this action.
This award is without prejudice to the rights of Kyle Kitson and/or Homeless Action Center to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
ORDER
Based upon the parties' Stipulation for the Award and Payment of Attorney fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), IT IS ORDERED that fees in the amount of $3,750.00, as authorized by 28 U.S.C. § 2412, be awarded subject to the terms of the Stipulation.
