(SS) Miguel Reyes Jr. v. Commissioner of Social Security ( 2019 )

1 McGREGOR W. SCOTT United States Attorney 2 DEBORAH LEE STACHEL, CSBN 230138 3 Regional Chief Counsel, Region IX Social Security Administration 4 Allison J. Cheung, CSBN 244651 5 Special Assistant United States Attorney Assistant Regional Counsel 6 Social Security Administration, Region IX 7 160 Spear Street, Suite 800 San Francisco, California 94105 8 Tel: (415) 977-8942 9 Fax: (415) 744-0134 E-mail: allison.cheung@ssa.gov 10 Attorneys for Defendant 11 Jonathan O. Peña, Esq. 12 CA Bar ID No.: 278044 13 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 14 Fresno, CA 93721 15 Telephone: 559-439-9700 Facsimile: 559-439-9700 16 info@jonathanpena.com 17 Attorney for Plaintiff, Miguel Reyes 18 UNITED STATES DISTRICT COURT 19 FOR THE EASTERN DISTRICT OF CALIFORNIA 20 FRESNO DIVISION 21 Miguel Reyes, Case No. 1:19-cv-00155-EPG 22 Plaintiff, STIPULATION AND ORDER FOR THE 23 AWARD OF ATTORNEY FEES UNDER 24 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 25 Andrew Saul, Commissioner of 28 U.S.C. § 2412(d) 26 Social Security, 27 Defendant. 1 TO THE HONORABLE ERICA P. GROSJEAN, MAGISTRATE JUDGE OF 2 THE UNITED STATES DISTRICT COURT: 3 The Parties through their undersigned counsel, subject to the Court’s approval, 4 stipulate that Plaintiff be awarded attorney fees in the amount of TWO THOUSAND 5 FOUR HUNDRED AND TWENTY DOLLARS AND 00/100, $2,420.00, under the 6 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. 7 § 1920. This amount represents compensation for all legal services rendered on behalf 8 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 9 § 2412(d). 10 After the Court issues an order for EAJA fees to Plaintiff, the government will 11 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 12 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 13 14 to honor the assignment will depend on whether the fees are subject to any offset 15 allowed under the United States Department of the Treasury’s Offset Program. After 16 the order for EAJA fees is entered, the government will determine whether they are 17 subject to any offset. 18 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 19 determines that Plaintiff does not owe a federal debt, then the government shall cause 20 the payment of fees and expenses to be made directly to counsel, pursuant to the 21 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 22 counsel, Jonathan O. Peña. 23 This stipulation constitutes a compromise settlement of Plaintiff’s request for 24 EAJA fees, and does not constitute an admission of liability on the part of Defendant 25 under the EAJA or otherwise. Payment of TWO THOUSAND FOUR HUNDRED 26 AND TWENTY DOLLARS AND 00/100, $2,420.00, in EAJA attorney fees shall 27 constitute a complete release from, and bar to, any and all claims that Plaintiff and 1 Plaintiff’s attorney, Jonathan O. Peña, may have relating to EAJA attorney fees in 2 connection with this action. 3 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 4 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 5 provisions of the EAJA. 6 Respectfully submitted, 7 8 Dated: September 23, 2019 /s/ Jonathan O. Peña 9 J ONATHAN O. PEÑA 10 Attorney for Plaintiff 11 Dated: November 20, 2019 McGREGOR W. SCOTT 12 United States Attorney 13 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 14 Social Security Administration 15 By: _*_Allison J. Cheung 16 Allison J. Cheung 17 Special Assistant U.S. Attorney Attorneys for Defendant 18 (*Permission to use electronic signature 19 obtained via email on 11/20/2019). 20 21 22 23 24 25 26 27 l ORDER Upon review, the Court orders that the foregoing stipulation be and 1s hereby approved, and that, pursuant to the terms of the stipulation, Plaintiff be awarded ‘ attorney fees in the amount of $2,420.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 7 || IT IS SO ORDERED. Dated: _ November 20, 2019 [Je hey UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -A-