(SS) Velasco v. Commissioner of Social Security

Filing 17

ORDER Adopting the Parties' 16 Stipulation for the Award of Attorney's Fees under the Equal Access to Justice Act signed by District Judge Dale A. Drozd on 08/01/2022.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERNESTO VELASCO,

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No. 1:21-cv-01234-DAD-GSA

Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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ORDER ADOPTING THE PARTIES’
STIPULATION FOR THE AWARD OF
ATTORNEY’S FEES UNDER THE EQUAL
ACCESS TO JUSICE ACT
(Doc. No. 16)

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On August 13, 2021 plaintiff Ernesto Velasco filed this action seeking review of a final

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decision of defendant Kilolo Kijakazi, the Acting Commissioner of Social Security. (Doc. No. 1.)

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On May 3, 2022, the matter was remanded to the Commissioner of Social Security for further

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proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 14.) On July 30, 2022, the parties filed a

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stipulation with the court in which the parties agree that plaintiff shall be awarded attorney’s fees

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under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $591.54.

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(Doc. No. 16.)

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Good cause appearing, and pursuant to the parties’ July 30, 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 $591.54;
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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;
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:

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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 1, 2022
UNITED STATES DISTRICT JUDGE

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