(SS) Johnson Armstrong v. Commissioner of Social Security

Filing 28

ORDER Adopting the Parties' Stipulation for the Award of Attorney's Fees Under the Equal Access to Justice Act signed by District Judge Dale A. Drozd on 8/2/2022. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 LARESE MARIE JOHNSON ARMSTRONG, Plaintiff, 13 14 15 v. COMMISSIONER OF SOCIAL SECURITY, No. 1:21-cv-00341-DAD-BAM ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSICE ACT (Doc. No. 27) 16 Defendant. 17 18 On March 5, 2021, plaintiff Larese Marie Johnson Armstrong filed this action seeking 19 review of a final decision of defendant Commissioner of Social Security. (Doc. No. 1.) On May 20 2, 2022, the matter was remanded to the Commissioner of Social Security for further proceedings 21 pursuant to 42 U.S.C. § 405(g). (Doc. No. 24.) On August 1, 2022, the parties filed a stipulation 22 with the court in which the parties agree that plaintiff shall be awarded attorney’s fees under the 23 Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $6,508.75. (Doc. 24 No. 27.) 25 Good cause appearing, and pursuant to the parties’ August 1, 2022 stipulation, the court 26 orders as follows: 27 1. 28 Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in the amount of $6,508.75; 1 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiff’s counsel; 3 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff’s counsel, 10 11 Jonathan O. Peña; 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his counsel, the check will be mailed to plaintiff’s counsel’s mailing address at: 12 13 Jonathan O. Peña Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 Fresno, CA 93721 14 15 16 17 IT IS SO ORDERED. Dated: August 2, 2022 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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