Daniel v. Commissioner of Social Security
Filing
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/8/2018 ORDERING that Plaintiff be awarded attorney fees in the amount of Five Thousand, Five Hundred Forty Dollars and 13/100 ($5,540.13). (Becknal, R)
1 PHILLIP A. TALBERT
United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
3 Regional Chief Counsel, Region IX
Social Security Administration
4 FRANCESCO BENAVIDES, PSBN 258924
5 Special Assistant United States Attorney
Assistant Regional Counsel
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Social Security Administration, Region IX
160 Spear Street, Suite 800
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San Francisco, California 94105
8 Tel: (415) 977-8978
9 Fax: (415) 744-0134
E-mail: francescobenavides@ssa.gov
10 Attorneys for Defendant
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Jonathan O. Peña, Esq.
CA Bar ID No.: 278044
Peña & Bromberg, PLC
5740 N. Palm Avenue
Suite 103
Fresno, CA 93704
Telephone: 559-412-5390
Facsimile:866-282-6709
info@jonathanpena.com
Attorney for Plaintiff, Michael Daniel
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
22 MICHAEL DANIEL,
Case No. 2:17-CV-0980-CKD
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STIPULATION AND [PROPOSED]
ORDER FOR THE AWARD OF
ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT (EAJA)
28 U.S.C. § 2412(d)
Plaintiff,
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v.
26 NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
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Defendant.
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TO THE HONORABLE CAROLYN K. DELANEY, MAGISTRATE JUDGE
2 OF THE UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,
4 stipulate that Plaintiff be awarded attorney fees in the amount of FIVE THOUSAND,
5 FIVE HUNDRED FORTY DOLLARS and 13/100 ($5,540.13) under the Equal Access
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to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for
all legal services rendered on behalf of Plaintiff by counsel in connection with this civil
action, in accordance with 28 U.S.C. § 2412(d).
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 counsel. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
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
15 the order for EAJA fees is entered, the government will determine whether they are
16 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury
18 determines that Plaintiff does not owe a federal debt, then the government shall cause
19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
21 counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
23 EAJA fees, and does not constitute an admission of liability on the part of Defendant
24 under the EAJA. Payment of FIVE THOUSAND, FIVE HUNDRED FORTY
25 DOLLARS and 13/100($5,540.13) in EAJA attorney fees shall constitute a complete
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release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney,
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1 Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this
2 action.
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This award is without prejudice to the rights of Plaintiff’s attorney to seek Social
4 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
5 provisions of the EAJA.
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Respectfully submitted,
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Dated: March 6, 2018
/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff
Dated: March 6, 2018
PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
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By: /s/ Francesco Benavides*
FRANCESCO BENAVIDES
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on 3/6/18).
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21 SO ORDERED:
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24 Dated: March 8, 2018
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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