(SS) Leanos v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 FRESNO DIVISION 9 10 Cynthia Leanos, Case No. 1:18-cv-01467 11 Plaintiff, STIPULATION AND ORDER FOR THE 12 AWARD OF ATTORNEY FEES UNDER v. THE EQUAL ACCESS TO JUSTICE ACT 13 (EAJA) 14 Andrew Saul, Commissioner of 28 U.S.C. § 2412(d) Social Security, 15 16 Defendant. 17 TO THE HONORABLE JEREMY D. PETERSON, MAGISTRATE JUDGE OF 18 THE UNITED STATES DISTRICT COURT: 19 The Parties through their undersigned counsel, subject to the Court’s approval, 20 stipulate that Plaintiff be awarded attorney fees in the amount of FIVE THOUSAND 21 SIX HUNDRED AND FORTY DOLLARS AND 73/100, $5,640.73, under the Equal 22 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 23 compensation for all legal services rendered on behalf of Plaintiff by counsel in 24 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will 26 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 27 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 1 to honor the assignment will depend on whether the fees are subject to any offset 2 allowed under the United States Department of the Treasury’s Offset Program. After 3 the order for EAJA fees is entered, the government will determine whether they are 4 subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause 7 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 9 counsel, Jonathan O. Peña. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for 11 EAJA fees, and does not constitute an admission of liability on the part of Defendant 12 under the EAJA. Payment of FIVE THOUSAND SIX HUNDRED AND FORTY 13 DOLLARS AND 73/100, $5,640.73, in EAJA attorney fees shall constitute a complete 14 release from, and bar to, any and all claims that Plaintiff and Plaintiff’s attorney, 15 16 Jonathan O. Peña, may have relating to EAJA attorney fees in connection with this 17 action. 18 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 19 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 20 provisions of the EAJA. 21 Respectfully submitted, 22 23 Dated: March 23, 2020 /s/ Jonathan O. Peña 24 J ONATHAN O. PEÑA Attorney for Plaintiff 25 26 Dated: _________ McGREGOR W. SCOTT 27 United States Attorney DEBORAH LEE STACHEL 1 Regional Chief Counsel, Region IX Social Security Administration 2 By: _*_Gina Tomaselli 3 Gina Tomaselli 4 Special Assistant U.S. Attorney Attorneys for Defendant 5 (*Permission to use electronic signature 6 obtained via email on ___________). 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4.20 EOE MMIC 2 PO TET EN AY OT Mt 1 ORDER 2 The award of EAJA fees is hereby ordered as stipulated. 3 4 || IT IS SO ORDERED. 5 6 || Dated: __April 21, 2020 N prssenp —_ UNI STATE AGISTRATE JUDGE 8 | No. 204. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -A-