(SS) Johnson Armstrong v. Commissioner of Social Security
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LARESE MARIE JOHNSON
ARMSTRONG,
Plaintiff,
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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)
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Defendant.
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On March 5, 2021, plaintiff Larese Marie Johnson Armstrong filed this action seeking
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review of a final decision of defendant Commissioner of Social Security. (Doc. No. 1.) On May
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2, 2022, the matter was remanded to the Commissioner of Social Security for further proceedings
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pursuant to 42 U.S.C. § 405(g). (Doc. No. 24.) On August 1, 2022, the parties filed a stipulation
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with the court in which the parties agree that plaintiff shall be awarded attorney’s fees under the
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Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $6,508.75. (Doc.
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No. 27.)
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Good cause appearing, and pursuant to the parties’ August 1, 2022 stipulation, the court
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orders as follows:
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1.
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Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in
the amount of $6,508.75;
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2.
After the issuance of this order, the government shall consider the assignment of
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the EAJA attorney’s fees to plaintiff’s counsel;
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a.
Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such
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assignment will depend on whether the attorney’s fees are subject to any
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offset allowed under the United States Department of Treasury’s (“the
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DOT”) Offset Program;
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b.
Fees shall be made payable to plaintiff, but if the DOT determines that
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plaintiff does not owe a federal debt, then the government shall cause the
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payment of attorney’s fees to be made directly to plaintiff’s counsel,
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Jonathan O. Peña;
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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:
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Jonathan O. Peña
Peña & Bromberg, PLC
2440 Tulare St., Ste. 320
Fresno, CA 93721
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IT IS SO ORDERED.
Dated:
August 2, 2022
UNITED STATES DISTRICT JUDGE
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