(SS) Quintana 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 ALEX QUINTANA, JR., No. 1:19-cv-00814-DAD-EPG (SS) 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 KILOLO KAJAIKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT 15 Defendant. (Doc. No. 31) 16 17 18 On June 11, 2019, plaintiff Alex Quintana, Jr. filed this action seeking review of a final 19 decision of defendant Andrew M. Saul, the then-Commissioner of Social Security1. (Doc. No. 1.) 20 On August 18, 2021, the matter was remanded to the Commissioner of Social Security for further 21 proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 29.) On October 22, 2021, the parties 22 filed a stipulation with the court in which the parties agree that plaintiff shall be awarded 23 attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the 24 amount of $4,000.00. (Doc. No. 31.) 25 Good cause appearing, and pursuant to the parties’ October 22, 2021 stipulation, the court 26 orders as follows: 27 1 Kilolo Kajikazi is the current Acting Commissioner of Social Security and has been substituted 28 as the defendant accordingly. 1 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 2 the amount of $4,000.00; 3 2. After the issuance of this order, the government shall consider the assignment of 4 the EAJA attorney’s fees to plaintiff's counsel; 5 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 6 assignment will depend on whether the attorney’s fees are subject to any 7 offset allowed under the United States Department of Treasury’s (‘“‘the 8 DOT”) Offset Program; 9 b. Fees shall be made payable to plaintiff, but if the DOT determines that 10 plaintiff does not owe a federal debt, then the government shall cause the 11 payment of attorney’s fees to be made directly to plaintiff's counsel, 12 Shellie Lott; 13 3. Whether the payment of attorney’s fees is made payable to plaintiff or to her 14 counsel, the check will be mailed to plaintiffs counsel’s mailing address at: 15 Shellie Lott 16 Lott Law Offices 42 N. Sutter Street, Ste. 400 17 Stockton, CA 95202 18 | IT IS SO ORDERED. _ - Dated: _ October 29, 2021 fee | oe 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28