(SS) Melendrez v. Commissioner of Social Security ( 2019 )

1 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX 3 Social Security Administration Daniel P. Talbert 4 Special Assistant United States Attorney Assistant Regional Counsel 5 Social Security Administration, Region IX 6 160 Spear Street, Suite 800 San Francisco, California 94105 7 Tel: (415) 977-8995 Fax: 8 E-mail: Daniel.Talbert@ssa.gov Attorneys for Defendant 9 10 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 11 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 12 Fresno, CA 93721 13 Telephone: 559-439-9700 Facsimile: 559-439-9700 14 info@jonathanpena.com Attorney for Plaintiff, Maria Mercedes Melendrez 15 16 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 17 FRESNO DIVISION 18 Maria Mercedes Melendrez, Case No. 1:19-cv-00089-EPG 19 Plaintiff, STIPULATION AND ORDER FOR THE 20 AWARD OF ATTORNEY FEES UNDER THE v. EQUAL ACCESS TO JUSTICE ACT (EAJA) 21 28 U.S.C. § 2412(d) Andrew Saul, Commissioner of Social 22 Security, 23 Defendant. 24 TO THE HONORABLE ERICA P. GROSJEAN , MAGISTRATE JUDGE OF THE UNITED 25 STATES DISTRICT COURT: 26 The Parties through their undersigned counsel, subject to the Court’s approval, stipulate that 27 Plaintiff be awarded attorney fees in the amount of TWO THOUSAND SEVEN HUNDRED AND 1 SIX DOLLARS AND 31/100, ($2,706.31), under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2 § 2412(d). This amount represents compensation for all legal services rendered on behalf of Plaintiff 3 by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 4 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 5 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 6 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 7 whether the fees are subject to any offset allowed under the United States Department of the 8 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 9 whether they are subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 11 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 12 and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. Any 13 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña. 14 15 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA fees, and 16 does not constitute an admission of liability on the part of Defendant under the EAJA. Payment of 17 TWO THOUSAND SEVEN HUNDRED AND SIX DOLLARS AND 31/100 ($2,706.31), in EAJA 18 attorney fees shall constitute a complete release from, and bar to, any and all claims that Plaintiff and 19 Plaintiff’s attorney, Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this 20 action. 21 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social Security Act 22 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 23 Respectfully submitted, 24 25 Dated: August 30, 2019 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 26 Attorney for Plaintiff 27 Dated: September 6, 2019 McGREGOR W. SCOTT 1 United States Attorney DEBORAH LEE STACHEL 2 Regional Chief Counsel, Region [X Social Security Administration 3 By: _* Daniel P. Talbert 4 Daniel P. Talbert 5 Special Assistant U.S. Attorney Attorneys for Defendant 6 (*Permission to use electronic signature obtained via email on September 6, 2019). 7 8 ORDER 9 . Upon review of the parties’ stipulation in this matter, the Court adopts and approves the 10 1 stipulation. IT IS ORDERED that Plaintiff be awarded attorney fees in the amount of TWO THOUSAND SEVEN HUNDRED AND SIX DOLLARS AND 31/100, ($2,706.31), under the Equal B Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 14 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 15 with 28 U.S.C. § 2412(d). 16 IT IS SO ORDERED. 17 18 Dated: _ September 6, 2019 [sl heey 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 -3-