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

1 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 3 Fresno, CA 93721 Telephone: 559-439-9700 4 Facsimile: 559-439-9723 info@jonathanpena.com 5 Attorney for Plaintiff, Kimalae R Smith 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 9 Kimalae R Smith, Case No. 2:19-cv-02417 KJN 10 11 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 12 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER 13 ANDREW SAUL, Commissioner of 14 Social Security, 15 Defendant. 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 18 of FIVE THOUSAND FOUR HUNDRED AND THIRTY-SIX DOLLAR AND 53/100, $5,436.53, 19 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 20 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this 21 civil action, in accordance with 28 U.S.C. § 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 23 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 24 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 25 whether the fees are subject to any offset allowed under the United States Department of the 26 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 27 whether they are subject to any offset. 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 2 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 3 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 4 payments made shall be delivered to Plaintiff’s counsel, Jonathan O. Peña. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 8 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 9 attorney fees in connection with this action. 10 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 11 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 12 EAJA. 13 Respectfully submitted, 14 15 Dated: September 2, 2020 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 16 Attorney for Plaintiff 17 Dated: September 2, 2020 McGREGOR W. SCOTT 18 United States Attorney 19 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 20 Social Security Administration 21 By: _*_Carolyn B. Chen Carolyn B. Chen 22 Special Assistant U.S. Attorney 23 Attorneys for Defendant (*Permission to use electronic signature 24 obtained via email on September 2, 2020). 25 26 27 MASS LEUNG RAMU OIC Se Ye VI ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of $5,436.53 as 4 || authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 5 Dated: September 3, 2020 6 8 UNITED STATES MAGISTRATE JUDGE 9 10 smit.2417 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-