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

1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 FRESNO DIVISION 4 NICOLAS ZAVALA CISNEROS, Case No. 1:19-cv-01307-GSA 5 Plaintiff, STIPULATION FOR THE AWARD 6 AND PAYMENT OF ATTORNEY 7 v. FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 8 ANDREW SAUL, Commissioner of JUSTICE ACT; ORDER 9 Social Security, 10 Defendant. 11 IT IS HEREBY STIPULATED by and between the parties through their 12 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 13 attorney fees and expenses in the amount of FIVE THOUSAND FOUR HUNDRED 14 DOLLARS, ($5,400.00), under the Equal Access to Justice Act (EAJA), 28 U.S.C. 15 § 2412(d). This amount represents compensation for all legal services rendered on 16 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 17 U.S.C. § 2412(d). 18 19 After the Court issues an order for EAJA fees to Plaintiff, the government will 20 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 21 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 22 to honor the assignment will depend on whether the fees are subject to any offset 23 allowed under the United States Department of the Treasury’s Offset Program. After 24 the order for EAJA fees is entered, the government will determine whether they are 25 subject to any offset. 26 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 27 determines that Plaintiff does not owe a federal debt, then the government shall cause 1 the assignment executed by Plaintiff. Any payments made shall be delivered to 2 Plaintiff’s counsel, Jonathan O. Peña. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for 4 EAJA attorney fees, and does not constitute an admission of liability on the part of 5 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 6 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 7 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 8 connection with this action. 9 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 10 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 11 savings clause provisions of the EAJA. 12 Respectfully submitted, 13 14 Dated: April 2, 2021 /s/ Jonathan O. Peña 15 J ONATHAN O. PEÑA Attorney for Plaintiff 16 17 Dated: April 2, 2021 PHILLIP A. TALBERT 18 Acting United States Attorney DEBORAH LEE STACHEL 19 Regional Chief Counsel, Region IX 20 Social Security Administration 21 By: _*_Carol S. Clark 22 Carol S. Clark Special Assistant U.S. Attorney 23 Attorneys for Defendant 24 (*Permission to use electronic signature obtained via email on April 2, 2021). 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 4 amount of $5,400.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms 5 6 of the Stipulation. 7 8 IT IS SO ORDERED. 9 10 Dated: April 10, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27