Russo v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER for the award of Attorney fees signed by Magistrate Judge Edmund F. Brennan on 6/13/19. Payment of THREE THOUSAND, NINE HUNDRED SIXTY DOLLARS and 46/100 ($3,960.46) in EAJA attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and Plaintiffs attorney, Jonathan O. Pea, may have relating to EAJA attorney fees in connection with this action.(Mena-Sanchez, L)

1 MCGREGOR W. SCOTT
United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
3 Regional Chief Counsel, Region IX
Social Security Administration
4 BEN A. PORTER, PSBN 14195
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: [phone]
9 Fax: [phone]
E-mail: [e-mail]
10 Attorneys for Defendant
11
Jonathan O. Peña, Esq.
12 CA Bar ID No.: 278044
13 Peña & Bromberg, PLC
5740 N. Palm Avenue
14 Suite 103
15 Fresno, CA 93704
Telephone: [phone]
16 Facsimile:866-282-6709
17 [e-mail]
Attorney for Plaintiff, Cynthia Marie Russo
18
19

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

20
21

22 CYNTHIA MARIE RUSSO,

Case No. 2:17-CV-01957-CKD

23

STIPULATION AND [PROPOSED]
ORDER FOR THE AWARD OF
ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT (EAJA)

Plaintiff,

24
v.
25 ANDREW SAUL,1
26
27
28

Andrew Saul is now the Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, the Court should substitute Andrew Saul for Acting Commissioner Nancy A.

1

1 Commissioner of Social Security,
2

28 U.S.C. § 2412(d)

Defendant.

3
4

TO THE HONORABLE EDMUND F. BRENNAN, MAGISTRATE JUDGE OF

5 THE UNITED STATES DISTRICT COURT:
The Parties through their undersigned counsel, subject to the Court’s approval,
6
7 stipulate that Plaintiff be awarded attorney fees in the amount of THREE THOUSAND,
8 NINE HUNDRED SIXTY DOLLARS and 46/100 ($3,960.46) under the Equal Access
9 to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for
10 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil
11 action, in accordance with 28 U.S.C. § 2412(d).
12
After the Court issues an order for EAJA fees to Plaintiff, the government will
13 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
14 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
15
16
17
18
19
20
21
22

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
the order for EAJA fees is entered, the government will determine whether they are
subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury
determines that Plaintiff does not owe a federal debt, then the government shall cause
the payment of fees, expenses and costs to be made directly to counsel, pursuant to the

23 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
24 counsel, Jonathan O. Peña.
25
26
27
28

Berryhill as the Defendant in this suit. No further action needs to be taken to continue this suit by
reason of the last sentence of section 405(g) of the Social Security Act, 42 U.S.C. § 405(g).

-2-

1

This stipulation constitutes a compromise settlement of Plaintiff’s request for

2 EAJA fees, and does not constitute an admission of liability on the part of Defendant
3 under the EAJA. Payment of THREE THOUSAND, NINE HUNDRED SIXTY
4 DOLLARS and 46/100 ($3,960.46) in EAJA attorney fees shall constitute a complete
5 release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney,
6
Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this
7
action.
8
This award is without prejudice to the rights of Plaintiff’s attorney to seek Social
9
Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
10
provisions of the EAJA.
11
Respectfully submitted,
12
13
14

Dated: June 11, 2019

15

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

16
17 Dated: June 12, 2019
18
19

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

20
21
22
23
24

By:
/s/ Ben A. Porter*
BEN A. PORTER
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on 6/12/19).

25 SO ORDERED.
26 DATED: June 13, 2019.
27
28
-3-