(SS) Sanchez De Gutierrez v. Commissioner of Social Security

Filing 22

ORDER on Stipulation for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act signed by Magistrate Judge Barbara A. McAuliffe on 11/18/2020. (Jessen, A)

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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, Sandra Luz Sanchez De Gutierrez

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

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12 SANDRA LUZ SANCHEZ DE
GUTIERREZ,
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Plaintiff,
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v.

Case No. 1:19-cv-00463-BAM
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT; ORDER

ANDREW SAUL, Commissioner of
17 Social Security,
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Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their
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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
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attorney fees and expenses in the amount of FIVE THOUSAND SEVEN HUNDRED
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FORTY-SEVEN DOLLAR and 00/100, ($5,747.00) under the Equal Access to Justice
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24 Act (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

28 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to

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: October 23, 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
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’ Stipulation for the Award and Payment of Equal Access
to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the

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5 amount of five thousand seven hundred forty-seven dollars ($5,747.00) as authorized by
6 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation.
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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 18, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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