Vasquez v. Commissioner of Social Security

Filing 23

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)

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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 7 Attorney for Plaintiff, Oscar Z. Vasquez 8 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 14 San Francisco, California 94105 Telephone: (415) 977-8979 15 Facsimile: (415) 744-0134 16 E-Mail: 17 Attorneys for Defendant 18 19 20 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 21 22 OSCAR ZUNIGA VASQUEZ, Case No. 1:16-cv-448-GSA 23 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, 24 25 v. 26 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 27 28 Defendant. 1 TO THE HONORABLE GARY S. AUSTIN, MAGISTRATE JUDGE OF THE 2 UNITED STATES DISTRICT COURT: 3 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 6 7 8 9 10 11 12 13 14 (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. 17 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. 22 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, 26 and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan Peña , may 27 have relating to EAJA attorney fees in connection with this action. 28 -2- 1 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. 4 5 6 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 7 8 9 10 11 12 By: /s/ Ben A. Porter BEN A. PORTER Special Assistant U.S. Attorney Attorneys for Defendant 13 14 15 16 17 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. 22 IT IS SO ORDERED. 23 24 Dated: September 25, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 25 26 27 28 -3-

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