(SS) Phelps v. Commissioner of Social Security

Filing 18


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Case 1:22-cv-00824-SKO Document 18 Filed 01/17/23 Page 1 of 3 1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5 6 Attorney for Plaintiff 7 RANDY PHELPS 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 RANDY PHELPS, 13 Plaintiff, 14 v. 15 16 KILOLO KIJAKAZI, Acting 17 Commissioner of Social Security, 18 Case No. 1:22-cv-00824-SKO STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER (Doc. 17) Defendant. 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees and expenses in the amount of $7,250.00, under the Equal Access to 23 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 24 amount represents compensation for all legal services rendered on behalf of Plaintiff by 25 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 26 1920. 27 After the Court issues an order for EAJA fees to Plaintiff, the government will 28 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Case 1:22-cv-00824-SKO Document 18 Filed 01/17/23 Page 2 of 3 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 9 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for 11 EAJA attorney fees and does not constitute an admission of liability on the part of 12 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 13 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 14 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 15 relating to EAJA attorney fees in connection with this action. 16 This award is without prejudice to the rights of Francesco Benavides to seek 17 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 18 clause provisions of the EAJA. 19 20 Respectfully submitted, 21 22 Dated: January 13, 2023 Law Offices of Francesco Benavides 23 24 25 By: /s/ Francesco Benavides FRANCESCO P. BENAVIDES Attorney for Plaintiff 26 27 28 -2- Case 1:22-cv-00824-SKO Document 18 Filed 01/17/23 Page 3 of 3 1 Dated: January 13, 2023 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Social Security Administration 2 3 4 5 By: 6 7 8 9 10 Elizabeth Landgraf ELIZABETH LANDGRAF Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on January 12, 2023). ORDER 11 12 Based upon the parties’ foregoing Stipulation for the Award and Payment of Equal 13 Access to Justice Act Fees and Expenses (Doc. 17), 14 IT IS ORDERED that fees and expenses in the amount of $7,250.00 as authorized 15 16 by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded subject to the 17 terms of the Stipulation. 18 19 20 IT IS SO ORDERED. 21 Dated: 22 /s/ Sheila K. Oberto January 17, 2023 . UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 -3-

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