(SS) Hammond v. Commissioner of Social Security

Filing 21


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1 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 Fresno, CA 93721 4 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Melissa Hammond 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 MELISSA HAMMOND, 13 Plaintiff, 14 v. 15 Case No. 1:21-cv-00552-SKO STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER KILOLO KIJAKAZI, Acting 16 Commissioner of Social Security, 17 Defendant. 18 IT IS HEREBY STIPULATED by and between the parties through their 19 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 20 attorney fees and expenses in the amount of $6,295.96, under the Equal Access to 21 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 22 23 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 24 action, in accordance with 28 U.S.C. § 2412(d). After the Court issues an order for EAJA fees to Plaintiff, the government will 25 26 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 27 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 28 to honor the assignment will depend on whether the fees are subject to any offset 1 allowed under the United States Department of the Treasury’s Offset Program. After 2 the order for EAJA fees is entered, the government will determine whether they are 3 subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause 6 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 7 the assignment executed by Plaintiff. Any payments made shall be delivered to 8 Plaintiff’s counsel, Jonathan O. Peña. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for 10 EAJA attorney fees, and does not constitute an admission of liability on the part of 11 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 12 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 13 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 14 connection with this action. 15 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 16 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 17 savings clause provisions of the EAJA. 18 19 Respectfully submitted, 20 21 Dated: May 4, 2022 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff Dated: May 4, 2022 PHILLIP A. TALBERT United States Attorney PETER THOMPSON Acting Regional Chief Counsel, Region IX Social Security Administration 22 23 24 25 26 27 28 -2- By: 1 2 3 4 Andrea Banks* ANDREA BANKS Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on May 4, 2022). 5 6 ORDER 7 Based upon the parties’ foregoing Stipulation for the Award and Payment of 8 9 Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act (the 10 “Stipulation”) (Doc. 20), 11 IT IS ORDERED that fees and expenses in the amount of $6,295.96 as 12 13 authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 14 15 IT IS SO ORDERED. 16 17 Dated: /s/ Sheila K. Oberto May 5, 2022 . UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -3-

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