(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)

1 Francesco Benavides, CSBN 258924
Law Offices of Francesco Benavides
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1990 N. California Blvd. Suite 20
Walnut Creek, CA 94596
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Tel: [phone]
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Fax: [phone]
Email: [e-mail]
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6 Attorney for Plaintiff
7 TARILYN TRACY ELLIOTT
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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12 TARILYN TRACY ELLIOTT,
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Plaintiff,
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v.
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16 KILOLO KIJAKAZI, Acting
17 Commissioner of Social Security,
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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.

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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
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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.
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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.
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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.
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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.
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Respectfully submitted,

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Dated: November 15, 2022

Law Offices of Francesco Benavides

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By:

/s/ Francesco Benavides
FRANCESCO P. BENAVIDES
Attorney for Plaintiff

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Dated: November 15, 2022

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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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).

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[PROPOSED] ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Equal Access

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to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the

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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.
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9 IT IS SO ORDERED.
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Dated:

November 16, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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