(SS) Lopez v. Commissioner of Social Security

Filing 27

ORDER RE: Stipulation for the award and payment of Attorney Fees and Expenses pursuant to the Equal Access to Justice Act 26 signed by District Judge Kirk E. Sherriff on 3/10/2025. (Deputy Clerk TEL)

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Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
Peña & Bromberg, PLC
3467 W. Shaw Ave., Ste 100
Fresno, CA 93711
Telephone: [phone]
Facsimile: 559-439-9723
Email: [e-mail]
Attorney for Plaintiff, Oralia Lopez

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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12 Oralia Lopez,

Case No. 1:24-cv-00342-KES-CDB

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STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT; ORDER

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Plaintiff,
v.

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16 Leland Dudek , ACTING
COMMISIONER OF SOCIAL
17 SECURITY,
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Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their
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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
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attorney fees and expenses in the amount of SEVEN THOUSAND ONE HUNDRED
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SEVENTY-SEVEN DOLLARS AND 44/100 ($7,177.44) under the Equal Access to
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Leland Dudek became the Acting Commissioner of Social Security on February
25 16, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Leland Dudek
should be substituted for Michelle King as the defendant in this suit. No further action
26 need be taken to continue this suit by reason of the last sentence of section 205(g) of the
27 Social Security Act, 42 U.S.C. § 405(g).
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1 Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars
2 ($0.00) under 28 U.S.C. §1920. This amount represents compensation for all legal
3 services rendered on behalf of Plaintiff by counsel in connection with this civil action,
4 in accordance with 28 U.S.C. §§ 1920, 2412(d).
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Plaintiff was the prevailing party in this matter and Plaintiff is an individual
whose net worth does not exceed $2,000,000 at the time the civil action was filed.
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney.
Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this
Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program
(31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to
Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order,
the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to

15 his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset
16 under the Treasury Offset Program, and (3) agrees to waive the requirements of the
17 Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney,
18 JONATHAN O. PEÑA-MANCINAS at the firm, PEÑA & BROMBERG, PC.
19 However, if there is a debt owed under the Treasury Offset Program, the Commissioner
20 cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining
21 EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made
22 out to Plaintiff, but delivered to Plaintiff’s attorney, JONATHAN O. PEÑA23 MANCINAS at the firm, PEÑA & BROMBERG, PC.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for

25 EAJA attorney fees, and does not constitute an admission of liability on the part of
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Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute
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a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel
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1 including Counsel’s firm may have relating to EAJA attorney fees in connection with
2 this action.
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The parties further agree that the EAJA award is without prejudice to the right of

4 Plaintiff’s attorney to seek attorney fees pursuant to Social Security Act § 206(b), 42
5 U.S.C. § 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. §
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2412(c)(1) (2006).

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Respectfully submitted,

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Dated: March 7, 2025

/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

Dated: March 7, 2025

MICHELE BECKWITH
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation
Social Security Administration

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By: _*_Michael J. Mullen
Michael J. Mullen
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on March 7, 2025).

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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 (the “Stipulation”),
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IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND

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7 ONE HUNDRED SEVENTY-SEVEN DOLLARS AND 44/100 ($7,177.44) as
8 authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in
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the amount of ZERO dollars ($0.00) under 28 U.S.C. §1920, be awarded subject to the
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11 terms of the Stipulation.
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13 IT IS SO ORDERED.
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Dated:

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March 10, 2025
UNITED STATES DISTRICT JUDGE

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