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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK FRANK FERNANDEZ, No. 1:20-cv-01708-DAD-BAM (SS) 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSICE ACT 15 Defendant. (Doc. No. 19) 16 17 On December 4, 2020, plaintiff Jack Frank Fernandez filed this action seeking review of a 18 final decision of defendant Kilolo Kijakazi, the Acting Commissioner of Social Security. (Doc. 19 No. 1.) On August 10, 2021, the matter was remanded to the Commissioner of Social Security 20 for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 17.) On August 18, 2021, the 21 parties filed a stipulation with the court in which the parties agree that plaintiff shall be awarded 22 attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the 23 amount of $4,280.27. (Doc. No. 19.) 24 Good cause appearing, and pursuant to the parties’ August 18, 2021 stipulation, the court 25 orders as follows: 26 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 27 the amount of $4,280.27; 28 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiff's counsel; 3 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff's counsel, 10 Jonathan O. Pefia; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 12 counsel, the check will be mailed to plaintiffs counsel’s mailing address at: 13 Jonathan O. Pefia Pefia & Bromberg, PLC 14 2440 Tulare St., Ste. 320 Fresno, CA 93721 15 16 | IT IS SO ORDERED. _ - Dated: _ August 19, 2021 Hen | or 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28