Vasquez v. Commissioner of Social Security
Filing
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JOINT STIPULATION and ORDER for the Award of Attorney Fees Under the Equal Access to Justice Act, signed by Magistrate Judge Gary S. Austin on 9/25/17. (Gonzalez, R)
1 Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
2 Peña & Bromberg, PLC
3 5740 N. Palm Avenue
Suite 103
4 Fresno, CA 93704
5 Telephone: 559-412-5390
Facsimile:866-282-6709
6 info@jonathanpena.com
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Attorney for Plaintiff, Oscar Z. Vasquez
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9 PHILLIP A. TALBERT
United States Attorney
10 DEBORAH LEE STACHEL
11 Regional Chief Counsel, Region IX
Social Security Administration
12 BEN A. Porter, WA. Bar 14195
13 Special Assistant United States Attorney
160 Spear Street, Suite 800
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San Francisco, California 94105
Telephone: (415) 977-8979
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Facsimile: (415) 744-0134
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E-Mail: Ben.Porter@ssa.gov
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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
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22 OSCAR ZUNIGA VASQUEZ,
Case No. 1:16-cv-448-GSA
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JOINT STIPULATION AND ORDER
FOR THE AWARD OF ATTORNEY
FEES UNDER THE EQUAL ACCESS TO
JUSTICE ACT (EAJA) 28 U.S.C. §
2412(d)
Plaintiff,
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v.
26 NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
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Defendant.
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TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE
2 UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,
4 stipulate that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND,
5 FIVE HUNDRED DOLLARS ($7,500.00) under the Equal Access to Justice Act
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(EAJA), 28 U.S.C. § 2412(d). 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 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
to honor the assignment will depend on whether the fees are subject to any offset
allowed under the United States Department of the Treasury’s Offset Program. After
15 the order for EAJA fees is entered, the government will determine whether they are
16 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury
18 determines that Plaintiff does not owe a federal debt, then the government shall cause
19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
21 counsel, Jonathan Peña, Esquire.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
23 EAJA fees, and does not constitute an admission of liability on the part of Defendant
24 under EAJA or otherwise. Payment of SEVEN THOUSAND, FIVE HUNDRED
25 DOLLARS ($7,500.00) in EAJA attorney fees, shall constitute a complete release from,
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and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan Peña , may
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have relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Plaintiff’s attorney to seek Social
2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
3 provisions of the EAJA.
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Respectfully submitted,
Dated: September 12, 2017
/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff
Dated:
PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
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By: /s/ Ben A. Porter
BEN A. PORTER
Special Assistant U.S. Attorney
Attorneys for Defendant
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ORDER
Plaintiff shall be awarded attorney fees and expenses in the amount of seven
18 thousand five hundred dollars ($7,500.00) under the Equal Access to Justice Act
19 (EAJA), 28 U.S.C. § 2412(d). Payment shall be made pursuant to Astrue v. Ratliff, 130
20 S.Ct. 2521, 2529 (2010), and in accordance with the terms outlined in the above
21 stipulation.
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IT IS SO ORDERED.
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Dated:
September 25, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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