Sergio Martin v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 SERGIO MARTIN, Case No. 5:18-cv-2334-VEB 11 12 Plaintiff, ORDER AWARDINGATTORNEYS’ 13 vs. FEES PURSUANT TO THE EQUAL 14 ACCESS TO JUSTICE ACT, COMMISSIONER OF SOCIAL 15 28 U.S.C. § 2412 (d) SECURITY ADMINISTRATION, 16 Defendant. 17 18 Before the Court is the Stipulation of Plaintiff, Sergio Martin, for award of 19 attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 20 Based on the pleadings as well as the position of the defendant commissioner, if 21 22 any, and recognizing the Plaintiff’s waiver of direct payment and assignment of 23 EAJA to his counsel, 24 25 IT IS HEREBY ORDERED that attorneys’ fees and expenses in the amount 26 of Seven Thousand Nine Hundred Dollars ($7,900.00) and costs in the amount of 27 28 1 Four Hundred Dollars ($400.00) pursuant to the Equal Access to Justice Act, 28 2 U.S.C. § 2412(d) are awarded to Plaintiff. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 3 4 If the U.S. Department of the Treasury determines that Plaintiff’s EAJA 5 fees, expenses, and costs are not subject to offset allowed under the Department of 6 the Treasury’s Offset Program (TOPS), then the check for EAJA fees, expenses, 7 8 and costs shall be made payable to Plaintiff’s attorney’s Olinsky Law Group. 9 Whether the check is made payable to Plaintiff or to Olinsky Law Group, the 10 11 check shall be mailed to the following address: 12 Olinsky Law Group 13 250 S Clinton St Ste 210 Syracuse, NY 13202 14 15 So ordered. 16 17 DATED: July 2, 2020 /s/Victor E. Bianchini 18 VICTOR E. BIANCHINI UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28