(SS) Gotterson v. Commissioner of Social Security

Filing 26

ORDER signed by District Judge Dena M. Coggins on 1/2/2025 AWARDING Plaintiff attorney's fees and expenses in the amount of $7,297.50. (Deputy Clerk OML)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON ANTHONY GOTTERSON,

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No. 1:22-cv-01383-DC-HBK

Plaintiff,

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v.

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COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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ORDER ADOPTING THE PARTIES’
STIPULATION FOR THE AWARD OF
ATTORNEY’S FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT
(Doc. No. 25)

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On October 26, 2022, Plaintiff Brandon Anthony Gotterson filed this action seeking

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review of a final decision of Defendant Commissioner of Social Security. (Doc. No. 1.) On

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October 2, 2024, 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. 22.) On January 2, 2025, 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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and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the

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amount of $7,297.50.1 (Doc. No. 25.)
Good cause appearing, and pursuant to the parties’ January 2, 2025 stipulation, the court

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The court notes the “itemization of time” Plaintiff concurrently filed with the pending
stipulation states the total requested amount of attorneys’ fees as $8,031.25. (Doc. No. 25-2 at 1.)
However, the parties’ stipulation provides for an award amount of $7,297.50, and the parties’
proposed order likewise states the award amount of $7,297.50. (Doc. No. 25 at 1, 4.) Thus, the
court will award the agreed-upon amount of $7,297.50 in attorney’s fees and expenses.
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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
and expenses in the amount of $7,297.50;

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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;

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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, PC
3467 W. Shaw Ave.
Suite 100
Fresno, CA 93711

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IT IS SO ORDERED.

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Dated:

January 2, 2025

___________________________
Dena Coggins
United States District Judge

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