Filed: Aug. 19, 2016
Latest Update: Aug. 19, 2016
Summary: STIPULATION AND ORDER FOR AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412 (d) ELIZABETH D. LAPORTE , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d), in the amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00), and costs under 28 U.S.C. 1920 in the amou
Summary: STIPULATION AND ORDER FOR AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412 (d) ELIZABETH D. LAPORTE , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d), in the amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00), and costs under 28 U.S.C. 1920 in the amoun..
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STIPULATION AND ORDER FOR AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. 2412 (d)
ELIZABETH D. LAPORTE, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d), in the amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00), and costs under 28 U.S.C. 1920 in the amount of FOUR HUNDRED DOLLARS ($400.00). These amounts represents costs and 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) and 1920.
After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of assignment of EAJA fees to Plaintiff's Counsel. The retainer agreement containing the assignment is attached as exhibit 1. 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 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 Plaintiff's Counsel, pursuant to the 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, expenses, 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 or Plaintiff's Counsel may have relating to EAJA attorney fees and expenses and costs in connection with this action.
Plaintiff's Counsel does not intend to seek Social Security Act attorney fees under 42 U.S.C. 406 for services performed in United States District Court.
APPROVED AND SO ORDERED:
