(SS) Brown v. Commissioner of Social Security

Filing 30

ORDER signed by Magistrate Judge Erica P. Grosjean on 11/18/2022 as follows: Based upon the parties' stipulation (ECF No. 29 ), IT IS ORDERED that fees and expenses in the amount of $9,000.00, as authorized by the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and no costs as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the stipulation. (Rooney, M)

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1 2 3 4 5 6 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 Telephone: 559-439-9700 Facsimile: 559-439-9723 Email: info@jonathanpena.com Attorney for Plaintiff, Anita Brown 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANITA BROWN, Case No. 1:21-cv-00214-EPG Plaintiff, 12 13 v. 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, ORDER RE: STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (ECF No. 29). 15 Defendant. 16 17 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 18 of NINE THOUSAND DOLLARS AND 00/100 ($9,000.00) under the Equal Access to Justice Act 19 (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of ZERO dollars ($0.00) under 28 U.S.C. §1920. 20 This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 21 in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 23 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 24 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 25 whether the fees are subject to any offset allowed under the United States Department of the 26 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 27 whether they are subject to any offset. 28 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 and made payable to Plaintiff’s counsel, Jonathan O. Peña. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 5 6 7 8 9 10 11 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 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 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 12 Respectfully submitted, 13 14 Dated: November 17, 2022 15 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff 16 17 Dated: November 17, 2022 18 19 20 21 22 23 24 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation Social Security Administration By: _*_Oscar Gonzalez de Llano Oscar Gonzalez de Llano Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on November 17, 2022). 25 26 27 28 -2- 1 2 ORDER Based upon the parties’ stipulation (ECF No. 29), IT IS ORDERED that fees and expenses in 3 the amount of $9000.00 as authorized by the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and no 4 costs as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the stipulation. 5 IT IS SO ORDERED. 6 7 8 Dated: November 18, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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