(SS) Moreno v. Commissioner of Social Security ( 2021 )

1 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 3 Fresno, CA 93721 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Juanita Moreno 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 FRESNO DIVISION 11 JUANITA MORENO, Case No. 1:20-cv-00335-SKO 12 13 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY 14 v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO ANDREW SAUL, Commissioner of JUSTICE ACT; ORDER 16 Social Security, 17 (Doc. 19) Defendant. 18 IT IS HEREBY STIPULATED by and between the parties through their 19 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 20 attorney fees and expenses in the amount of $ 5,808.43, under the Equal Access to 21 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 22 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 23 action, in accordance with 28 U.S.C. § 2412(d). 24 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 allowed under the United States Department of the Treasury’s Offset Program. After 2 the order for EAJA fees is entered, the government will determine whether they are 3 subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause 6 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 7 the assignment executed by Plaintiff. Any payments made shall be delivered to 8 Plaintiff’s counsel, Jonathan O. Peña. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for 10 EAJA attorney fees, and does not constitute an admission of liability on the part of 11 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 12 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 13 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 14 connection with this action. 15 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 16 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 17 savings clause provisions of the EAJA. 18 19 Respectfully submitted, 20 21 Dated: January 13, 2021 /s/ Jonathan O. Peña 22 J ONATHAN O. PEÑA Attorney for Plaintiff 23 24 Dated: January 13, 2021 McGREGOR W. SCOTT 25 United States Attorney DEBORAH LEE STACHEL 26 Regional Chief Counsel, Region IX 27 Social Security Administration 1 By: Ellinor R. Coder* Ellinor R. Coder 2 Special Assistant U.S. Attorney Attorneys for Defendant 3 (*Permission to use electronic signature 4 obtained via email on January 13, 2021). 5 ORDER 6 7 Based upon the parties’ above Stipulation for the Award and Payment of Equal 8 Access to Justice Act Fees and Expenses (Doc. 19) (the “Stipulation”), IT IS ORDERED 9 that fees and expenses in the amount of $5,808.43, as authorized by 28 U.S.C. § 2412, be 10 11 awarded subject to the terms of the Stipulation. 12 13 IT IS SO ORDERED. 14 Sheila K. Oberto Dated: January 14, 2021 /s/ . 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27