(SS) Ingham v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER signed by Magistrate Judge Erica P. Grosjean on 9/3/2021. Based upon the parties' Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses (ECF No. 11 ), IT IS ORDERED that fees and expenses in the amount of THREE HUNDRED TWENTY DOLLARS and 61/100 ($320.61) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of FOUR HUNDRED DOLLARS ($400.00) under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.(Rooney, M)

Case 1:21-cv-00161-EPG Document 12 Filed 09/07/21 Page 1 of 3

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

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

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10 Scott Leslie Ingham,
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Case No. 1:21-cv-00161-EPG

Plaintiff,

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v.

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

Kilolo Kijakazi, Acting Commissioner of

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(ECF No. 11)

Defendant.

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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 THREE HUNDRED TWENTY DOLLARS and 61/100 ($320.61) under the Equal Access to

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Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of FOUR HUNDRED DOLLARS
($400.00) under 28 U.S.C. § 1920. 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

25 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586,
26 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on
27 whether the fees are subject to any offset allowed under the United States Department of the
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Case 1:21-cv-00161-EPG Document 12 Filed 09/07/21 Page 2 of 3

1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine
2 whether they are subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses
5 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any
6 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney

8 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or
9 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any
10 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA
11 attorney fees in connection with this action.
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This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social

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

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17 Dated: September 2, 2021
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/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

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20 Dated: September 2, 2021
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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
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 September 2, 2021).

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Case 1:21-cv-00161-EPG Document 12 Filed 09/07/21 Page 3 of 3

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ORDER
Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act

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Fees and Expenses (ECF No. 11), IT IS ORDERED that fees and expenses in the amount of THREE
HUNDRED TWENTY DOLLARS and 61/100 ($320.61) under the Equal Access to Justice Act

6 (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of FOUR HUNDRED DOLLARS ($400.00)
7 under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.
8 IT IS SO ORDERED.
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Dated: September 3, 2021
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/s/
UNITED STATES MAGISTRATE JUDGE

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