(SS) Maria Esther Ruiz 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 Maria Esther Ruiz, Case No. 1:19-cv-00407-JDP 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 JEREYMY D. PETERSON, MAGISTRATE JUDGE 18 OF 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 EIGHT THOUSAND, 21 FIVE HUNDRED DOLLARS AND 00/100, $8,500.00, under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 23 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 24 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 to be made directly to counsel, pursuant to the assignment executed 8 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Jonathan O. 9 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 or otherwise. Payment of EIGHT THOUSAND, FIVE HUNDRED 13 DOLLARS AND 00/100, $8,500.00, 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 and / or Peña & Bromberg, PLC, may have relating to EAJA attorney 17 fees in connection with this action. 18 This award is without prejudice to the rights of Plaintiff’s attorney and / or Peña 19 & Bromberg, PLC to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), 20 subject to the savings clause provisions of the EAJA. 21 Respectfully submitted, 22 23 Dated: April 20, 2020 /s/ Jonathan O. Peña 24 J ONATHAN O. PEÑA Attorney for Plaintiff 25 26 Dated: May 14, 2020 McGREGOR W. SCOTT 27 United States Attorney DEBORAH LEE STACHEL 1 Regional Chief Counsel, Region IX Social Security Administration 2 By: _*_Marcelo N. Illarmo 3 Marcelo N. Illarmo 4 Special Assistant U.S. Attorney Attorneys for Defendant 5 (*Permission to use electronic signature 6 obtained via email on 05/14/2020) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4.490 VOUT EOE MMT IO ROPE PAYS TM 1 ORDER The parties’ stipulation is approved. 4 IT IS SO ORDERED. 5 6 || Dated: _ May 15, 2020 ppssenn RSaen—_ 7 UNI STATE AGISTRATE JUDGE 8 9 No. 204. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _4-