(SS) Claros v. Commissioner of Social Security

Filing 23


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1 2 3 4 5 6 7 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, Olga L Claros 8 9 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 10 11 12 Olga L Claros, Case No. 1:23-cv-01029-GSA 13 STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER Plaintiff, 14 v. 15 1 16 Martin O’Malley , Commissioner of Social Security, 17 Defendant. 18 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of SEVEN THOUSAND DOLLARS AND 22 00/100 ($7,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 23 and costs in the amount of zero dollars ($0.00) under 28 U.S.C. §1920. This amount 24 25 Martin O’Malley became the Commissioner of Social Security on December 26 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin 27 O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of 28 section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 1 represents compensation for all legal services rendered on behalf of Plaintiff by counsel 2 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will 4 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 5 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine whether they are subject to any offset. Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. Additionally, any payment of costs under 28 U.S.C. §1920 may be made either by electronic fund transfer (ETF) or by check. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 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. 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 EAJA. Respectfully submitted, 28 -2- 1 Dated: June 5, 2024 /s/ Jonathan O. Peña JONATHAN O. PEÑA Attorney for Plaintiff Dated: June 5, 2024 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation Social Security Administration 2 3 4 5 6 7 8 9 By: _*_Noah Schabaker Noah Schabaker Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on June 4, 2024. 10 11 12 13 14 15 ORDER 16 17 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 18 to Justice Act Fees and Expenses (the “Stipulation”), 19 IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND 20 21 DOLLARS AND 00/100 ($7,000.00) as authorized by the Equal Access to Justice Act 22 (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 23 24 IT IS SO ORDERED. 25 26 Dated: June 5, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 27 28 -3-

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