Granados v. Commissioner of Social Security

Filing 28

ORDER for the Award of Attorney Fees Under the Equal Access to Justice Act, signed by Magistrate Judge Gary S. Austin on 1/29/18. (Marrujo, C)

1 Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
2 Peña & Bromberg, PLC
2440 Tulare Street, 3rd Floor
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Suite 320
4 Fresno, CA 93721
5 Telephone: [phone]
Facsimile:866-282-6709
6 [e-mail]
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Attorney for Plaintiff, Paul Vinton Granados, Jr.

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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12 PAUL VINTON GRANADOS,JR.,

Case No. 1:16-cv-1123-GSA

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STIPULATION AND ORDER FOR THE
AWARD OF ATTORNEY FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT
(EAJA)
28 U.S.C. § 2412(d)

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Plaintiff,
v.

16 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

20 UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,

22 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND,
23 FIVE HUNDRED DOLLARS ($6,500.00) under the Equal Access to Justice Act
24 (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal
25 services rendered on behalf of Plaintiff by counsel in connection with this civil action,
26 in accordance with 28 U.S.C. § 2412(d).
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After the Court issues an order for EAJA fees to Plaintiff, the government will

2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
4 to honor the assignment will depend on whether the fees are subject to any offset
5 allowed under the United States Department of the Treasury’s Offset Program. After
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the order for EAJA fees is entered, the government will determine whether they are
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subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury
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determines that Plaintiff does not owe a federal debt, then the government shall cause
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the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
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assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
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counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
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15 EAJA fees, and does not constitute an admission of liability on the part of Defendant
16 under EAJA or otherwise. Payment of SIX THOUSAND, FIVE HUNDRED
17 DOLLARS ($6,500.00) in EAJA attorney fees, shall constitute a complete release from,
18 and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña,
19 may 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

21 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
22 provisions of the EAJA.
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Dated: January 23, 2018

Respectfully submitted,
/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

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1 Dated: January 23, 2018
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MCGREGOR W. SCOTT
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
(As authorized by e-mail dated
January 23, 2018)
Attorneys for Defendant

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ORDER
Pursuant to the stipulation of the parties (Doc. 26), Plaintiff shall be awarded

11 attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in
12 the amount of SIX THOUSAND, FIVE HUNDRED DOLLARS ($6,500.00). Payment
13 shall be made pursuant to Astrue v. Ratcliff, 130 S. Ct. 2521 (2010) in accordance with
14 the terms of the stipulation outlined above.
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IT IS SO ORDERED.
Dated:

January 29, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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