(SS) Baez v. Commissioner of Social Security

Filing 21

ORDER Awarding Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) Pursuant to the Stipulation of the Parties 20 signed by Magistrate Judge Stanley A. Boone on 7/8/2024. (Xiong, J.)

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1 2 3 4 5 6 7 8 9 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration MARGARET BRANICK-ABILLA Special Assistant United States Attorney 6401 Security Boulevard Baltimore, MD 21235 Telephone: (510) 570-4809 Email: Margaret.Branick-Abilla@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JOHN BAEZ, 12 13 14 15 16 17 18 ) ) Plaintiff, ) ) vs. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. ) ) ) ) Case No. 1:23-cv-00494-SAB ORDER AWARDING ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) PURSUANT TO THE STIPULATION OF THE PARTIES (ECF 20) 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount 22 of SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) under the Equal Access to 23 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 24 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 25 accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 27 matter of Plaintiff’s assignment of EAJA fees to counsel Jonathan O. Pena (Counsel). Pursuant to 28 Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on 1 1 whether the fees are subject to any offset allowed under the United States Department of the 2 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 6 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 7 made shall be delivered to Counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 12 associates, may have relating to EAJA attorney fees in connection with this action. 13 14 This award is without prejudice to the rights of Counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 15 16 Respectfully submitted, Dated: July 3, 2024 PENA & BROMBERG, PLC 17 By: /s/ Jonathan O. Pena* JONATHAN O. PENA Attorneys for Plaintiff [*As authorized by e-mail on July 3, 2024] 18 19 20 21 Dated: July 8, 2024 PHILLIP A. TALBERT United States Attorney 22 23 By: /s/ Margaret Branick-Abilla ___ MARGARET BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant 24 25 26 27 28 2 ORDER 1 2 3 IT IS HEREBY ORDERED that fees and expenses in the amount of SIX THOUSAND 4 DOLLARS ($6,000.00) as authorized by 28 U.S.C. § 2412 are awarded subject to the terms of the 5 stipulation. 6 7 8 IT IS SO ORDERED. 9 10 Dated: July 8, 2024 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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