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

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 Fresno, CA 93721 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Sandra Avila 7 8 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 Sandra Avila, Case No. 1:20-cv-01710-EPG 11 Plaintiff, STIPULATION FOR THE AWARD AND 12 PAYMENT OF ATTORNEY FEES AND v. EXPENSES PURSUANT TO THE EQUAL 13 ACCESS TO JUSTICE ACT; ORDER Kilolo Kijakazi, Acting 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 EIGHT HUNDRED THIRTY-ONE DOLLARS AND 12/100 ($831.12) under the Equal Access to 19 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal services 20 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 21 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 25 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States Department of the 27 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 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: August 12, 2021 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 16 Attorney for Plaintiff 17 Dated: August 12, 2021 PHILLIP A. TALBERT 18 Acting United States Attorney 19 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 20 Social Security Administration 21 By: _*_Marcelo N. Illarmo Marcelo N. Illarmo 22 Special Assistant U.S. Attorney 23 Attorneys for Defendant (*Permission to use electronic signature 24 obtained via email on August 12, 2021) 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees and Expenses 3 |) Pursuant to the Equal Access to Justice Act (ECF No. 16), IT IS ORDERED that fees and expenses in 4 || the amount of $831.12 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the 5 Stipulation. 6 IT IS SO ORDERED. 7 g|| Dated: _ August 13, 2021 [spe Fey 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-