Daniel v. Commissioner of Social Security

Filing 22

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)

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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 6 Social Security Administration, Region IX 160 Spear Street, Suite 800 7 San Francisco, California 94105 8 Tel: (415) 977-8978 9 Fax: (415) 744-0134 E-mail: francescobenavides@ssa.gov 10 Attorneys for Defendant 11 12 13 14 15 16 17 18 19 20 21 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 23 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, 24 25 v. 26 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 27 28 Defendant. 1 TO THE HONORABLE CAROLYN K. DELANEY, MAGISTRATE JUDGE 2 OF THE UNITED STATES DISTRICT COURT: 3 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 6 7 8 9 10 11 12 13 14 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. 17 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. 22 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 26 release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, 27 28 -2- 1 Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this 2 action. 3 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. 6 Respectfully submitted, 7 8 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 9 10 11 12 13 14 15 16 17 18 19 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). 20 21 SO ORDERED: 22 23 24 Dated: March 8, 2018 25 26 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 27 28 -3-

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