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

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 2 FRESNO DIVISION 3 Anthony Manning, Case No. 1:21-cv-00071-NONE-GSA 4 5 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY 6 v. FEES AND EXPENSES PURSUANT 7 TO THE EQUAL ACCESS TO Kilolo Kijakazi, Acting JUSTICE ACT; ORDER 8 Commissioner of Social Security, 9 10 Defendant. IT IS HEREBY STIPULATED by and between the parties through their 11 12 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 13 attorney fees and expenses in the amount of ONE THOUSAND EIGHT-HUNDRED 14 FORTY-SEVEN DOLLARS and 78/100 ($1,847.78) under the Equal Access to Justice 15 Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of FOUR HUNDRED 16 DOLLARS ($400.00) under 28 U.S.C. §1920. This amount represents compensation for 17 all legal services rendered on behalf of Plaintiff by counsel in connection with this civil 18 action, in accordance with 28 U.S.C. § 2412(d). 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 payment of fees, expenses and costs to be made directly to Counsel, pursuant to 2 the assignment executed by Plaintiff. Any payments made shall be delivered to 3 Plaintiff’s counsel, Jonathan O. Peña. 4 This stipulation constitutes a compromise settlement of Plaintiff’s request for 5 EAJA attorney fees, and does not constitute an admission of liability on the part of 6 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 7 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 8 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 9 connection with this action. 10 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 11 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 12 savings clause provisions of the EAJA. 13 Respectfully submitted, 14 15 Dated: November 2, 2021 /s/ Jonathan O. Peña 16 J ONATHAN O. PEÑA Attorney for Plaintiff 17 18 Dated: November 16, 2021 PHILLIP A. TALBERT 19 Acting United States Attorney DEBORAH LEE STACHEL 20 Regional Chief Counsel, Region IX 21 Social Security Administration 22 By: _*_Marcelo N. Illarmo 23 Marcelo N. Illarmo Special Assistant U.S. Attorney 24 Attorneys for Defendant 25 (*Permission to use electronic signature obtained via email on November 16, 2021). 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 4 to Justice Act Fees and Expenses (the “Stipulation”), 5 IT IS ORDERED that fees and expenses in the amount of ONE THOUSAND 6 EIGHT-HUNDRED FORTY-SEVEN DOLLARS and 78/100 ($1,847.78) as 7 8 authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in 9 the amount of FOUR HUNDRED DOLLARS ($400.00) under 28 U.S.C. §1920 be 10 11 awarded subject to the terms of the Stipulation. 12 13 IT IS SO ORDERED. 14 Dated: November 23, 2021 /s/ Gary S. Austin 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27