(SS) Elliott v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER FOR THE AWARD OF PAYMENT OF ATTORNEY FEES AND EXPENSES signed by Magistrate Judge Jeremy D. Peterson on 11/16/2022. IT IS ORDERED that fees and expenses in the amount of $8,293.66 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. (Mena-Sanchez, L)

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1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5 6 Attorney for Plaintiff 7 TARILYN TRACY ELLIOTT 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 TARILYN TRACY ELLIOTT, 13 Plaintiff, 14 v. 15 16 KILOLO KIJAKAZI, Acting 17 Commissioner of Social Security, 18 Case No. 2:21-cv-01202-DJP STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; [PROPOSED] ORDER Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of $8,293.66, under the Equal Access to 22 23 24 25 26 27 28 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 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), 1920. 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 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 9 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for 11 EAJA attorney fees and does not constitute an admission of liability on the part of 12 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 13 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 14 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 15 relating to EAJA attorney fees in connection with this action. 16 This award is without prejudice to the rights of Francesco Benavides to seek 17 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 18 clause provisions of the EAJA. 19 20 Respectfully submitted, 21 22 Dated: November 15, 2022 Law Offices of Francesco Benavides 23 24 25 By: /s/ Francesco Benavides FRANCESCO P. BENAVIDES Attorney for Plaintiff 26 27 28 -2- 1 Dated: November 15, 2022 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Social Security Administration 2 3 4 5 6 7 8 9 By: Daniel P. Talbert* DANIEL P. TALBERT Special Assistant U.S. Attorney Attorneys for Defendant (*Permission to use electronic signature obtained via email on November 15, 2022). 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- [PROPOSED] ORDER 1 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 2 3 to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 4 5 amount of $8,293.66 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. 6 § 1920, be awarded subject to the terms of the Stipulation. 7 8 9 IT IS SO ORDERED. 10 11 12 Dated: November 16, 2022 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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