(SS) Ortiz v. Commissioner of Social Security
Filing
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STIPULATION and ORDER signed by District Judge Dena M. Coggins on 01/24/25 AWARDING Plaintiff $5,679.86 in attorney's fees and expenses; no costs awarded. (Deputy Clerk AJB)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SAMUEL JOSEPH ORTIZ,
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Plaintiff,
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v.
COMMISSIONER OF SOCIAL
SECURITY,
No. 2:24-cv-02351-DC-DMC
ORDER ADOPTING THE PARTIES’
STIPULATION FOR THE AWARD OF
ATTORNEY’S FEES AND EXPENSES
UNDER THE EQUAL ACCESS TO JUSTICE
ACT
Defendant.
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(Doc. No. 19)
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On August 28, 2024, Plaintiff Samuel Joseph Ortiz filed this action seeking review of a
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final decision of Defendant Commissioner of Social Security. (Doc. No. 1.) On January 10, 2025,
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the matter was remanded to the Commissioner of Social Security for further proceedings pursuant
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to 42 U.S.C. § 405(g). (Doc. No. 17.) On January 17, 2025, the parties filed a stipulation with the
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court in which the parties agree that Plaintiff shall be awarded attorney’s fees and expenses under
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the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $5,679.86, and
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no costs under 28 U.S.C. § 1920. (Doc. No. 19.)
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Good cause appearing, and pursuant to the parties’ January 17, 2025 stipulation, the court
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orders as follows:
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1.
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Pursuant to the EAJA, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney’s fees
and expenses in the amount of $5,679.86;
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2.
No costs are awarded under 28 U.S.C. § 1920;
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3.
After the issuance of this order, the government shall consider the assignment of
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the EAJA attorney’s fees to Plaintiff’s counsel;
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a.
Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such
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assignment will depend on whether the attorney’s fees are subject to any
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offset allowed under the United States Department of Treasury’s (“the
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DOT”) Offset Program;
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b.
Fees shall be made payable to Plaintiff, but if the DOT determines that
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Plaintiff does not owe a federal debt, then the government shall cause the
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payment of attorney’s fees to be made directly to Plaintiff’s counsel,
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Francesco Paulo Benavides;
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4.
Whether the payment of attorney’s fees is made payable to Plaintiff or to his
counsel, the check will be mailed to Plaintiff’s counsel’s mailing address at:
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Francesco Paulo Benavides
Law Offices of Francesco
1990 N. California Blvd., 8th Floor
Walnut Creek, CA 94596
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IT IS SO ORDERED.
Dated:
January 24, 2025
___________________________
Dena Coggins
United States District Judge
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