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

1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 13 FRESNO DIVISION 14 Irvin Ascencio, Case No. 1:18-cv-01639-JDP 15 16 Plaintiff, STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES UNDER 17 v. THE EQUAL ACCESS TO JUSTICE ACT 18 (EAJA) Andrew Saul, Commissioner of 28 U.S.C. § 2412(d) 19 Social Security, 20 Defendant. 21 22 23 The Parties through their undersigned counsel, subject to the Court’s approval, 24 stipulate that Plaintiff be awarded attorney fees in the amount of FOUR THOUSAND 25 FIVE HUNDRED DOLLARS AND 00/100, $4,500.00, under the Equal Access to 26 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 27 1 amount represents compensation for all legal services rendered on behalf of Plaintiff by 2 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will 4 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 5 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 6 to honor the assignment will depend on whether the fees are subject to any offset 7 allowed under the United States Department of the Treasury’s Offset Program. After 8 the order for EAJA fees is entered, the government will determine whether they are 9 subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 11 determines that Plaintiff does not owe a federal debt, then the government shall cause 12 the payment of fees and expenses to be made directly to counsel, pursuant to the 13 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 14 counsel, Jonathan O. Peña. 15 16 This stipulation constitutes a compromise settlement of Plaintiff’s request for 17 EAJA fees, and does not constitute an admission of liability on the part of Defendant 18 under the EAJA or otherwise. Payment of FOUR THOUSAND FIVE HUNDRED 19 DOLLARS AND 00/100, $4,500.00, in EAJA attorney fees shall constitute a complete 20 release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, 21 Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this 22 action. 23 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 24 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 25 provisions of the EAJA. 26 Respectfully submitted, 27 1 Dated: September 20, 2019 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 2 Attorney for Plaintiff 3 Dated: September 23, 2019 McGREGOR W. SCOTT 4 United States Attorney 5 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 6 Social Security Administration 7 8 By: _*_Allison J. Cheung Allison J. Cheung 9 Special Assistant U.S. Attorney 10 Attorneys for Defendant (*Permission to use electronic signature 11 obtained via email on 09/23/2019). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 Order 2 3 IT IS SO ORDERED. ntember 30 prea Rabe Dated: September 30, 2019 5 UNIT#D STATES MAGISTRATE JUDGE 6 7 8 | No. 204 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _4-