(SS) Hill v. Commissioner of Social Security

Filing 16

ORDER signed by Magistrate Judge Sean C. Riordan on 1/2/25 GRANTING 15 Motion for Attorney and AWARDING $6,600.00 in fees and no costs. (Deputy Clerk VLC)

Francesco Benavides, CSBN 258924

1 Law Offices of Francesco Benavides
1990 N. California Blvd. 8th Floor
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Walnut Creek, CA 94596
Tel: [phone]
Email: [e-mail]

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Attorney for Plaintiff

5 MATTHEW HILL
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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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10 MATTHEW HILL,

Case No. 2:24-cv-02266-SCR

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Plaintiff,

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v.

STIPULATION FOR THE AWARD AND
PAYMENT OF ATTORNEY FEES AND
EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT; [PROPOSED]
ORDER

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CAROLYN COLVIN, Acting

14 Commissioner of Social Security,
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Defendant.

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IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel,

17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount
18 of $6,600.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under
19 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of
20 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d),
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1920.

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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 the order for EAJA fees is entered, the government will determine
whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that

2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses
3 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment
4 executed by Plaintiff.
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Payments may be made by electronic fund transfer (EFT) or by check.

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

7 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or
8 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any
9 and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco
10 Benavides, may have 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 Social Security

12 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.
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Respectfully submitted,

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16 Dated: December 18, 2024
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Law Offices of Francesco Benavides
By:

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

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20 Dated: December 18, 2024

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

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By:

Mary Tsai*
MARY TSAI
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on December 18, 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

3 Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of $6,600.00 as
4 authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded subject to the terms
5 of the Stipulation.
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8 DATE: January 2, 2025
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_________________________________
HON. SEAN C. RIORDAN
UNITED STATES MAGISTRATE JUDGE

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