(SS) Baca v. Commissioner of Social Security
(SS) Baca v. Commissioner of Social Security
Trial Court Opinion
HADLEY & FRAULOB 1 A Professional Law Corporation 2 230 Fifth Street Marysville, CA 95901 3 (916) 743-4458 FAX (530) 743-5008 4
5 JOSEPH C. FRAULOB – CA State Bar #194355 Attorney For Plaintiff 6
7
8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 ANTHONY DWAYNE BACA 12 Case No. 2:23-cv-00803-JDP (SS) Plaintiff, 13 v. STIPULATION FOR AWARD OF EAJA 14 ATTORNEY FEES COMMISSIONER OF SOCIAL SECURITY, 15 16 Defendant. 17 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 18 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees in the 19 amount of one thousand forty-three dollars and ninety-five cents ($1,043.95) under the Equal 20 Access to Justice Act (EAJA)
28 U.S.C. § 2412(d). This amount represents compensation for 21 legal services rendered on behalf of Plaintiff by his counsel in connection with this civil action, 22 in accordance with
28 U.S.C. § 2412(d). 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 24 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v. 25 Ratliff,
130 S.Ct. 2521(U.S. June 14, 2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States Department of the 27 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 28 determine if it is subject to any offset. 1 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 2 || determines that Plaintiff does not owe a federal debt, then the government shall cause the 3 || payment of fees to be made directly to Plaintiff's counsel Joseph Fraulob, pursuant to the 4 || written assignment executed by Plaintiff. Any and all payments shall be delivered to Plaintiff's 5 || counsel Joseph Fraulob. 6 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 7 || attorney fees and does not constitute an admission of liability on the part of Defendant under the 8 || EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 9 || bar to, any and all claims that Plaintiff and/or Plaintiffs counsel, including the Law Offices of 10 || Hadley & Fraulob, may have relating to EAJA attorney fees and/or costs in connection with this 11 |} action. 12 DATE: August 17, 2023 By /s/ Joseph Fraulob 8 JOSEPH FRAULOB 14 Attorney for plaintiff 15 16 DATE: August 17, 2023 PHILLIP A. TALBERT United States Attorney 17 18 By /s/L. Jamala Edwards 19 (As authorized via email on August 17, 2023) 20 L. JAMALA EDWARDS Special Assistant United States Attorney ORDER 23 24 || IT IS SO ORDERED. 25 / _ og ||Dated: _ August 24, 2023 q_——. JEREMY D. PETERSON 27 UNITED STATES MAGISTRATE JUDGE 28
Reference
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