(SS) Herrera v. Commissioner of Social Security
Stipulation for the award and payment of attorney fees and expenses pursuant to the Equal Access to Justice Act: Order, signed by Magistrate Judge Erica P. Grosjean on 6/3/2021. (Rosales, O.)
1 Jonathan O. Peña, Esq.
2 CA Bar ID No.: 278044
Peña & Bromberg, PLC
2440 Tulare St., Ste. 320
Fresno, CA 93721
Attorney for Plaintiff, Virginia Herrera
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
10 VIRGINIA HERRERA,
Case No. 1:19-cv-01792-EPG
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT; ORDER
ANDREW SAUL, Commissioner of
14 Social Security,
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,
subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount
of SIX THOUSAND ONE-HUNDRED SIXTY-EIGHT DOLLARS AND 03/100 ($6,168.03) under
the Equal Access to Justice Act (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
24 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586,
25 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on
26 whether the fees are subject to any offset allowed under the United States Department of the
27 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine
28 whether they are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that
2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses
3 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any
4 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney
6 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or
7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any
8 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA
9 attorney fees in connection with this action.
This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social
11 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the
15 Dated: June 1, 2021
/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff
Dated: June 1, 2021
PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on June 1, 2021).
Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses
Pursuant to the Equal Access to Justice Act (ECF No. 24), IT IS ORDERED that fees in the amount of
six thousand one hundred sixty-eight dollars and three cents ($6,168.03) as authorized by 28 U.S.C. §
2412 be awarded subject to the terms of the Stipulation.
7 IT IS SO ORDERED.
June 3, 2021
UNITED STATES MAGISTRATE JUDGE
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