(SS) Fruean v. Commissioner of Social Security ( 2022 )

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Audry Ida Jane Fruean 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Audry Ida Jane Fruean, Case No. 1:21-cv-00406-SKO 13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO 16 Kilolo Kijakazi, Acting JUSTICE ACT; ORDER Commissioner of Social Security, 17 (Doc. 24) 18 Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of ONE THOUSAND ONE-HUNDRED 22 NINETY-SIX DOLLARS and 94/100 ($1,196.94) under the Equal Access to Justice 23 Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 24 services rendered on behalf of Plaintiff by counsel in connection with this civil action, 25 in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will 27 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 9 the assignment executed by Plaintiff. Any payments made shall be delivered to 10 Plaintiff’s counsel, Jonathan O. Peña. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for 12 EAJA attorney fees, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 14 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 15 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 16 connection with this action. Payment shall be made either by electronic funds transfer 17 (ETF) or by check. 18 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 19 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 20 savings clause provisions of the EAJA. 21 Respectfully submitted, 22 23 Dated: December 14, 2021 /s/ Jonathan O. Peña 24 J ONATHAN O. PEÑA Attorney for Plaintiff 25 26 Dated: December 14, 2021 PHILLIP A. TALBERT 27 Acting United States Attorney WILLY LE 1 Acting Regional Chief Counsel, Region X Social Security Administration 2 By: _*_Justin Lane Martin 3 Justin Lane Martin 4 Special Assistant U.S. Attorney Attorneys for Defendant 5 (*Permission to use electronic signature 6 obtained via email on December 14, 2021). 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees 3 and Expenses Pursuant to the Equal Access to Justice Act (the “Stipulation”) (Doc. 24), 4 IT IS HEREBY ORDERED that fees and expenses in the amount of ONE THOUSAND 5 ONE-HUNDRED NINETY-SIX DOLLARS and 94/100 ($1,196.94) as authorized by 6 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the 7 terms of the Stipulation. 8 IT IS SO ORDERED. 9 Dated: February 8, 2022 /s/ Sheila K. Oberto . 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27