(SS) Bond v. Commissioner of Social Security ( 2021 )

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 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 CORY JASON BOND, No. 2:20-cv-0621 DB 10 Plaintiff, vs. STIPULATION AND ORDER FOR 11 AWARD OF EAJA FEES 12 COMMISSIONER OF SOCIAL SECURITY, 13 Defendant. 14 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 15 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 16 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of two thousand and 17 forty-four dollars ($2044.00). This amount represents compensation for all legal services 18 rendered on behalf of Plaintiff by his counsel in connection with this civil action, in accordance 19 with 28 U.S.C. 2412(d). 20 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 21 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 22 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 23 whether the fees are subject to any offset allowed under the United States Department of the 24 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 25 determine if it is subject to any offset. 26 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 27 determines that Plaintiff does not owe a federal debt, then the government shall cause the 28 payment of fees and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant 1 to the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff’s 2 counsel Joseph C. Fraulob. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 4 attorney fees and does not constitute an admission of liability on the part of Defendant under the 5 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 6 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 7 and/or costs in connection with this action. 8 9 DATE: March 9, 2021 By /s/ Joseph C. Fraulob 10 JOSEPH C. FRAULOB 11 Attorney for plaintiff 12 DATE: March 9, 2021 PHILLIP A. TALBERT 13 Acting United States Attorney 14 DEBORAH LEE STACHEL 15 Regional Chief Counsel, Region IX Social Security Administration 16 By /s/ Ellinor R. Coder 17 (*authorized via e-mail on March 9, 2021) 18 ELLINOR R. CODER Special Assistant U.S. Attorney 19 Attorneys for Defendant 20 21 22 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. 23 24 DATED: MARCH 11, 2021 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 25 26 27 28