(SS) Dowling 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, Rochelle Kathleen Dowling 7 8 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 Rochelle Kathleen Dowling, Case No. 1:20-cv-00526-EPG (SS) 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 SIX THOUSAND FOUR HUNDRED DOLLARS AND 00/100 ($6,400.00) under the Equal 19 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 20 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance 21 with 28 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: November 2, 2021 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 16 Attorney for Plaintiff 17 Dated: November 4, 2021 PHILLIP A. TALBERT 18 Acting United States Attorney 19 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 20 Social Security Administration 21 By: _*_Sathya Oum Sathya Oum 22 Special Assistant U.S. Attorney 23 Attorneys for Defendant (*Permission to use electronic signature 24 obtained via email on November 4, 2021). 25 26 27 1 ORDER 2 Based upon the parties’ stipulation (ECF No. 29), IT IS HEREBY ORDERED that, pursuant to 3 || the Equal Access to Justice Act, 28 U.S.C. §2412, attorneys’ fees in the amount of $6,400.00 be 4 || awarded subject to the terms of the stipulation. 5 IT IS SO ORDERED. 7|| Dated: _November 5, 2021 [Je hey UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-