(SS) Traxler v. Commissioner of Social Security ( 2023 )

1 Hadley & Fraulob A Professional Law Corporation 2 230 Fifth Street Marysville, CA 95901 3 Ph: (530) 743-4458 Fx: (530) 743-5008 4 JOSEPH C. FRAULOB – State Bar #194355 5 Attorney for Plaintiff 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ANGIE KAY TRAXLER, Civil Action No: 2:21-cv-01494-CKD 11 Plaintiff, STIPULATION & ORDER FOR 12 v. EAJA FEES 13 COMMISSIONER OF SOCIAL SECURITY, 14 Defendant. 15 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 16 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 17 18 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of four thousand, four 19 hundred and fourteen dollars and seventy-five cents ($4,414.75). This amount represents 20 compensation for all legal services rendered on behalf of Plaintiff by her counsel in connection 21 with this civil action, in accordance with 28 U.S.C. 2412(d). 22 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 attorney. 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 28 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 2 || determine if it is subject to any offset. 3 Fees and costs 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 5 payment of fees and costs to be made directly to Plaintiff's counsel Joseph Fraulob, pursuant to 6 the written assignment executed by Plaintiff. Any payments shall be delivered to Plaintiff's g || counsel Joseph Fraulob. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees and does not constitute an admission of liability on the part of Defendant under the 11 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 12 13 || and all claims that Plaintiff and/or Plaintiffs counsel may have relating to EAJA attorney fees 14 || and/or costs in connection with this action. 15 16 || Dated: 01/04/2023 /s/ Joseph Fraulob JOSEPH FRAULOB 17 Attorney for Plaintiff Dated: 01/04/2023 PHILLIP A. TALBERT 19 United States Attorney 20 By: /s/ Margaret Lehrkind (As Authorized via Email) MARGARET LEHRKIND 22 Special Assistant U.S. Attorney Attorney for Defendant 23 34 ORDER 25 || APPROVED AND SO ORDERED. 26 ee ae Dated: January 6, 2023 (ard At ia oh — 27 See ee CAROLYN K. DELANEY 28 UNITED STATES MAGISTRATE JUDGE