(SS) McGee v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 8/28/2024 AWARDING attorney fees and expenses in the amount $7,900.00 and $405.00 cost. (Woodson, A)

1 Francesco Benavides, CSBN 258924
Law Offices of Francesco Benavides
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1990 N. California Blvd. 8th Floor
Walnut Creek, CA 94596
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Tel: [phone]
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Email: [e-mail]
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Attorney for Plaintiff
6 ERICA RAE MCGEE
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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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ERICA RAE MCGEE,

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Plaintiff,

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v.

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Case No. 2:24-cv-01069-AC
STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT;
[PROPOSED] ORDER

MARTIN J. O’MALLEY,
16 Commissioner of Social Security,
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Defendant.
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IT IS HEREBY STIPULATED by and between the parties through their
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undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded
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attorney fees and expenses in the amount of $7,900.00, 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
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23 amount represents compensation for all legal services rendered on behalf of Plaintiff by
24 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d),
25 1920.
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After the Court issues an order for EAJA fees to Plaintiff, the government will

27 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
28 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability

1 to honor the assignment will depend on whether the fees are subject to any offset
2 allowed under the United States Department of the Treasury’s Offset Program. After
3 the order for EAJA fees is entered, the government will determine whether they are
4 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury

6 determines that Plaintiff does not owe a federal debt, then the government shall cause
7 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel,
8 Francesco Benavides, pursuant to the assignment executed by Plaintiff.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for
10 EAJA attorney fees and does not constitute an admission of liability on the part of
11 Defendant under the EAJA or otherwise. Payment of the agreed amount shall
12 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or
13 Francesco Benavides, including the Law Offices of Francesco Benavides, may have
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This award is without prejudice to the rights of Francesco Benavides to seek
16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings
17 clause provisions of the EAJA.
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Respectfully submitted,

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Dated: August 27, 2024

Law Offices of Francesco Benavides
By:

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

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1 Dated: August 27, 2024

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

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By:

Michael J. Mullin*
MICHAEL J. MULLIN
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on August 27, 2024).

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[PROPOSED] ORDER

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Based upon the parties’ Stipulation for the Award and Payment of Equal Access
to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the

5 amount of $7,900.00 as authorized by 28 U.S.C. § 2412, and $405.00 in costs under 28
6 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.
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8 DATE: August 28, 2024
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