(SS) Ortega v. Commissioner of Social Security

Filing 22

STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER; Order signed by Magistrate Judge Sheila K. Oberto on 11/17/2020.(Kusamura, W)

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Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
Peña & Bromberg, PLC
2440 Tulare St., Ste. 320
Fresno, CA 93721
Telephone: [phone]
Facsimile: 559-439-9723
Email: [e-mail]
Attorney for Plaintiff, Raul Hernandez Ortega

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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12 Raul Hernandez Ortega,

Case No. 1:19-cv-00259-SKO

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STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT; ORDER

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Plaintiff,
v.

16 ANDREW SAUL, Commissioner of
Social Security,
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Defendant.
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(Doc. 21)

IT IS HEREBY STIPULATED by and between the parties through their

20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
21 attorney fees and expenses in the amount of FIVE THOUSAND SEVEN HUNDRED
22 SIXTY SEVEN DOLLARS AND 00/100, ($5,767.00), under the Equal Access to
23 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all
24 legal services rendered on behalf of Plaintiff by counsel in connection with this civil
25 action, 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
27 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
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1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
2 to honor the assignment will depend on whether the fees are subject to any offset
3 allowed under the United States Department of the Treasury’s Offset Program. After
4 the order for EAJA fees is entered, the government will determine whether they are
5 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury
7 determines that Plaintiff does not owe a federal debt, then the government shall cause
8 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to
9 the assignment executed by Plaintiff. Any payments made shall be delivered to
10 Plaintiff’s counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for

12 EAJA attorney fees, and does not constitute an admission of liability on the part of
13 Defendant under the EAJA or otherwise. Payment of the agreed amount shall
14 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or
15 Counsel including Counsel’s firm may have relating to EAJA attorney fees in
16 connection with this action.
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This award is without prejudice to the rights of Counsel and/or Counsel’s firm
18 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the
19 savings clause provisions of the EAJA.
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Respectfully submitted,

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Dated: November 12, 2020

/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

Dated: November 16, 2020

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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Social Security Administration

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By: _*_Ellinor R. Coder
Ellinor R. Coder
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on November 16, 2020).

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ORDER

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Based upon the parties’ above “Stipulation for the Award and Payment of Attorney

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Fees Under the Equal Access to Justice Act” (the “Stipulation”) (Doc. 21), IT IS

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ORDERED that attorney’s fees in the amount of FIVE THOUSAND SEVEN

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HUNDRED SIXTY SEVEN DOLLARS AND 00/100 ($5,767.00), as authorized under
the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the

14 terms of the Stipulation.
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16 IT IS SO ORDERED.
17 Dated:
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November 17, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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