(SS) Manley v. Commissioner Social Security

Filing 20

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 7/14/2021.(Rosales, O.)

Jonathan O. Peña, Esq.

1 CA Bar ID No.: 278044
2 Peña & Bromberg, PLC
3
4
5

2440 Tulare St., Ste. 320
Fresno, CA 93721
Telephone: [phone]
Facsimile: 559-439-9723
Email: [e-mail]
Attorney for Plaintiff, Nicole Clarissa Manley

6
UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8

FRESNO DIVISION

9
10 NICOLE CLARISSA MANLEY,

Case No. 1:20-cv-01608-EPG

11

Plaintiff,

12

v.

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

13
14
15
16

ANDREW SAUL, Commissioner of
Social Security,
Defendant.
IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,

17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount
18 of $6,100.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount
19 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection
20 with this civil action, in accordance with 28 U.S.C. § 2412(d).
21

After the Court issues an order for EAJA fees to Plaintiff, the government will consider the

22
23

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

24
25
26
27
28

whether the fees are subject to any offset allowed under the United States Department of the
Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine
whether they are subject to any offset.

1

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

5

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

10

11 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the
12 EAJA.
13
14

Respectfully submitted,

15
16 Dated: July 12, 2021
17

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

18

21

PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

22

By:

19
20

23
24
25

Dated: July 12, 2021

Marcelo N. Illarmo*
MARCELO N. ILLARMO
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on July 12, 2021).

26
27
28
-2-

ORDER

1
2

Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses

3 Pursuant to the Equal Access to Justice Act (ECF No. 19), IT IS ORDERED that fees and expenses in
4 the amount of $6,100.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the
5 Stipulation.
6
7
8
9
10

IT IS SO ORDERED.
Dated:

July 14, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-