(SS) Maldonado v. Commissioner of Social Security

Filing 19

STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER signed by District Judge Kirk E. Sherriff on 6/03/2024. (Gonzales, V)

1 Francesco Benavides, CSBN 258924
Law Offices of Francesco Benavides
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1990 N. California Blvd. Suite 20
Walnut Creek, CA 94596
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Tel: [phone]
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Fax: [phone]
Email: [e-mail]
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6 Attorney for Plaintiff
7 RAFAEL ADRIAN MALDONADO
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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12 RAFAEL ADRIAN
13 MALDONADO,
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Plaintiff,
v.

Case No. 1:24-cv-00110-KES-EPG
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT;
ORDER

17 MARTIN J. O’MALLEY,
Commissioner of Social Security,
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Defendant.
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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 $6,863.81, 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.
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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

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.
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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.
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Payment of costs may be made either by electronic fund transfer (ETF) or by
11 check.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
13 EAJA attorney fees and does not constitute an admission of liability on the part of
14 Defendant under the EAJA or otherwise. Payment of the agreed amount shall
15 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or
16 Francesco Benavides, including the Law Offices of Francesco Benavides, may have
17 relating to EAJA attorney fees in connection with this action.
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This award is without prejudice to the rights of Francesco Benavides to seek
19 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings
20 clause provisions of the EAJA.
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Respectfully submitted,

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Dated: May 30, 2024

Law Offices of Francesco Benavides

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By:

/s/ Francesco Benavides
FRANCESCO P. BENAVIDES
Attorney for Plaintiff

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Dated: May 30, 2024

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA 32245
Associate General Counsel
Social Security Administration

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By:

/s/ Edmund Darcher*
EDMUND DARCHER
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Francesco Benavides attests that Edmund
Darcher concurred with the filing of this
document and permission to use his electronic
signature was obtained via email on May 30,
2024).

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ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Equal Access

4 to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the
5 amount of $6,863.81 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C.
6 § 1920, be awarded subject to the terms of the Stipulation.
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8 IT IS SO ORDERED.
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Dated:

June 3, 2024
UNITED STATES DISTRICT JUDGE

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