(SS) Espinoza v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER for the Award and Payment of Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, signed by Magistrate Judge Gary S. Austin on 03/05/2025. (Deputy Clerk CM)

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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, Lupe Espinoza

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

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Lupe Espinoza,

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Plaintiff,

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v.

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Leland Dudek1, ACTING
COMMISIONER OF SOCIAL
SECURITY,

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Case No. 1:24-cv-01259-GSA
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT; ORDER
(Doc. 13)

Defendant.
IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
attorney fees and expenses in the amount of EIGHT HUNDRED EIGHTY-ONE
DOLLARS AND 44/100 ($881.44) under the Equal Access to Justice Act (EAJA), 28

24 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C.
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Leland Dudek became the Acting Commissioner of Social Security on February
26 16, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Leland Dudek
27 should be substituted for Michelle King as the defendant in this suit. No further action
need be taken to continue this suit by reason of the last sentence of section 205(g) of the
28 Social Security Act, 42 U.S.C. § 405(g).

1 §1920. This amount represents compensation for all legal services rendered on behalf of
2 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.
3 §§ 1920, 2412(d).
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Plaintiff was the prevailing party in this matter and Plaintiff is an individual
5 whose net worth does not exceed $2,000,000 at the time the civil action was filed.
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After the Court issues an order for EAJA fees to Plaintiff, the government will
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consider the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney.
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Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this
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Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program
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(31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to
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Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order,
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the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to
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his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset
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15 under the Treasury Offset Program, and (3) agrees to waive the requirements of the
16 Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney,
17 JONATHAN O. PEÑA-MANCINAS at the firm, PEÑA & BROMBERG, PC.
18 However, if there is a debt owed under the Treasury Offset Program, the Commissioner
19 cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining
20 EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made
21 out to Plaintiff, but delivered to Plaintiff’s attorney, JONATHAN O. PEÑA22 MANCINAS at the firm, PEÑA & BROMBERG, PC.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
24 EAJA attorney fees, and does not constitute an admission of liability on the part of
25 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 5, 2025

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

Dated: March 5, 2025

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

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By: _*_Justin Lane Martin
Justin Lane Martin
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on March 5, 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 EIGHT HUNDRED

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7 EIGHTY-ONE DOLLARS AND 44/100 ($881.44) as authorized by the Equal Access
8 to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars
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($0.00) under 28 U.S.C. §1920, be awarded subject to the terms of the Stipulation.
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IT IS SO ORDERED.

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Dated:

March 5, 2025

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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