(SS) Andrade v. Commissioner of Social Security ( 2019 )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 FRESNO DIVISION 17 Jesus Chavez Andrade, Case No. 1:18-cv-00913-JDP 18 Plaintiff, STIPULATION AND ORDER FOR THE 19 AWARD OF ATTORNEY FEES UNDER 20 v. THE EQUAL ACCESS TO JUSTICE ACT (EAJA) 21 Andrew Saul, Commissioner of 28 U.S.C. § 2412(d) 22 Social Security, 23 Defendant. 24 TO THE HONORABLE JEREMY D. PETERSON, MAGISTRATE JUDGE OF 25 THE UNITED STATES DISTRICT COURT: 26 The Parties through their undersigned counsel, subject to the Court’s approval, 27 stipulate that Plaintiff be awarded attorney fees in the amount of SEVEN THOUSAND 1 FOUR HUNDRED AND FIFTY-FOUR DOLLARS AND 73/100, ($7,454.73), under 2 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 3 compensation for all legal services rendered on behalf of Plaintiff by counsel in 4 connection with this civil action, in accordance with 28 U.S.C. § 2412(d). 5 After the Court issues an order for EAJA fees to Plaintiff, the government will 6 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 7 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 8 to honor the assignment will depend on whether the fees are subject to any offset 9 allowed under the United States Department of the Treasury’s Offset Program. After 10 the order for EAJA fees is entered, the government will determine whether they are 11 subject to any offset. 12 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 13 determines that Plaintiff does not owe a federal debt, then the government shall cause 14 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the 15 16 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s 17 counsel, Jonathan O. Peña. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for 19 EAJA fees and does not constitute an admission of liability on the part of Defendant 20 under the EAJA. Payment SEVEN THOUSAND FOUR HUNDRED AND FIFTY- 21 FOUR DOLLARS AND 73/100, ($7,454.73), in EAJA attorney fees shall constitute a 22 complete release from, and bar to, any and all claims that Plaintiff and Plaintiff’s 23 attorney, Jonathan O. Peña, may have relating to EAJA attorney fees in connection with 24 this action. 25 This award is without prejudice to the rights of Plaintiff’s attorney to seek Social 26 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 27 provisions of the EAJA. 1 Respectfully submitted, 2 3 Dated: September 23, 2019 /s/ Jonathan O. Peña 4 J ONATHAN O. PEÑA Attorney for Plaintiff 5 6 Dated: September 27, 2019 McGREGOR W. SCOTT 7 United States Attorney DEBORAH LEE STACHEL 8 Regional Chief Counsel, Region IX 9 Social Security Administration 10 By: _*_Marcelo N. Illarmo 11 Marcelo N. Illarmo Special Assistant U.S. Attorney 12 Attorneys for Defendant 13 (*Permission to use electronic signature obtained via email on September 27, 2019) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 |! is SO ORDERED. 2 3 | Dated: _ October 9, 2019 CN prssenn —_ 4 UNITED STATESMIAGISTRATE JUDGE 5 6 7 || No. 204 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _4-