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Vessell v. Colvin, 2:15-CV-2449-GMN-PAL. (2016)

Court: District Court, D. Nevada Number: infdco20161115h76 Visitors: 11
Filed: Nov. 09, 2016
Latest Update: Nov. 09, 2016
Summary: JOINT STIPULATION FOR ATTORNEY FEES UNDER THE EAJA GLORIA M. NAVARRO , Chief District Judge . JOINT STIPULATION FOR EAJA FEES It is hereby stipulated by and between the parties, through their undersigned counsel, subject to the approval of the Court, that the parties have agreed to a compromise settlement of Plaintiff's request for attorney fees in the amount of Six Thousand Six Hundred Fifty Dollars and 00/100 ($6650.00) and Four Hundred Dollars and 00/100 ($400.00) in costs to be paid s
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JOINT STIPULATION FOR ATTORNEY FEES UNDER THE EAJA

JOINT STIPULATION FOR EAJA FEES

It is hereby stipulated by and between the parties, through their undersigned counsel, subject to the approval of the Court, that the parties have agreed to a compromise settlement of Plaintiff's request for attorney fees in the amount of Six Thousand Six Hundred Fifty Dollars and 00/100 ($6650.00) and Four Hundred Dollars and 00/100 ($400.00) in costs to be paid separately from the Judgment Fund. 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 USC §2412(d).

The Court shall order that the awarded attorney fees be made payable to Plaintiff, Mack Vessell, and delivered to the business address of Plaintiff's counsel.

EAJA fees awarded by this Court belong to the plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. §3716(c)(3)(B) (2006)). See Astrue v. Ratliff, 130 S.CT 2521, 2528-29 (2010). Defendant recognizes that Plaintiff assigned her right to EAJA fees to her attorney. If it is determined upon effectuation of the Court's EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, Defendant agrees to accept the assignment, and fees will be made payable to Plaintiff's attorney. If there is such a debt, any fee remaining after offset will be payable to Plaintiff.

This stipulation constitutes a compromise settlement of Plaintiff's request for attorney fees under the EAJA, and does not constitute an admission of liability on the part of the Commissioner under the EAJA. Payment of the aforementioned attorney fees shall constitute a complete release from and bar to any and all claims Plaintiff may have relating to attorney fees under the EAJA in connection with his action.

This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security Act attorney fees under 42 USC §406, subject to the provisions of the EAJA.

Dated: 11/10/16 JENNIFER LEE TARN Sepecial Assistant United States Attorney

ORDER GRANTING STIPULATION FOR ATTORNEY FEES UNDER THE EAJA

It is hereby ORDERED that the Joint Stipulation for EAJA Fees (Docket No. 28) is GRANTED and Plaintiff is awarded $6,650.00 in attorney's fees and $400.00 in costs to be paid separately from the Judgment Fund. Astrue vs. Ratliff, 130 S.Ct. 2521, 2524 (2010), directs that the check should be made payable to Plaintiff and mailed to Plaintiff's Counsel.

Source:  Leagle

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