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

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 10 TINA MARIE CARPENTER 11 No. 2:22-cv-0294 DB (SS) Plaintiff, 12 STIPULATION AND ORDER FOR v. AWARD OF 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 in the 17 amount of five thousand, two hundred and fifty dollars ($5,250.00) under the Equal Access To 18 Justice Act (EAJA) 28 U.S.C. 2412(d), and costs in the amount of four hundred and two dollars 19 ($402) under 28 U.S.C. 1920. This amount represents compensation for legal services rendered 20 on behalf of Plaintiff by her counsel in connection with this civil action, in accordance with 28 21 U.S.C. 1920, 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v. 24 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 25 whether the fees are subject to any offset allowed under the United States Department of the 26 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 27 determine if it is subject to any offset. 28 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees 3 and costs to be made directly to Plaintiff’s counsel Joseph C. Fraulob, pursuant to the written 4 assignment executed by Plaintiff. Any and all payments shall be delivered to Plaintiff’s counsel 5 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 Plaintiff’s 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 13 DATE: May 16, 2023 By /s/ Joseph Fraulob 14 JOSEPH FRAULOB 15 Attorney for plaintiff 16 DATE: May 16, 2023 PHILLIP A. TALBERT 17 United States Attorney 18 19 By /s/ Mary Tsai 20 (As authorized via email) 21 MARY TSAI Special Assistant United States Attorney 22 23 ORDER 24 APPROVED AND SO ORDERED. 25 26 DATED: May 22, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 27 28