(SS) Betancourt v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Erica P. Grosjean on 11/18/2022 as follows: Based upon the parties' stipulation (ECF No. 16 ), IT IS ORDERED that fees and expenses in the amount of $486.12, 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, Rosalio Betancourt 7 8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA ROSALIO BETANCOURT, Case No. 1:22-cv-00570-EPG 11 Plaintiff, 12 v. 13 ORDER RE: STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 14 COMMISSIONER OF SOCIAL SECURITY, (ECF No. 16). 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 19 of FOUR HUNDRED EIGHTY-SIX DOLLARS AND 12/100 ($486.12) under the Equal Access to 20 Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of ZERO dollars ($0.00) under 28 21 U.S.C. §1920. This amount represents compensation for all legal services rendered on behalf of 22 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 23 1920. 24 25 26 27 28 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 3 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 5 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 6 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 7 8 9 10 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. 11 12 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 13 EAJA. 14 Respectfully submitted, 15 16 Dated: November 16, 2022 17 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff 18 19 Dated: November 16, 2022 20 21 22 23 24 25 26 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation Social Security Administration By: _*_Mary Tsai Mary Tsai Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on November 16, 2022). 27 28 -2- 1 2 ORDER Based upon the parties’ stipulation (ECF No. 16), IT IS ORDERED that fees and expenses in 3 the amount of $486.12 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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