(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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Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
Peña & Bromberg, PLC
2440 Tulare St., Ste. 320
Fresno, CA 93721
Telephone: [phone]
Facsimile: 559-439-9723
Email: [e-mail]
Attorney for Plaintiff, Rosalio Betancourt

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
ROSALIO BETANCOURT,

Case No. 1:22-cv-00570-EPG

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Plaintiff,

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v.

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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).

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Defendant.

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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.
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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

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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
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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

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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.

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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.
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Respectfully submitted,

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16 Dated: November 16, 2022
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/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

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19 Dated: November 16, 2022
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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).

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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.
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IT IS SO ORDERED.

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Dated:

November 18, 2022

/s/
UNITED STATES MAGISTRATE JUDGE

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