(SS) Mack v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE LEE MACK, SR., No. 1:18-cv-01287-DAD-BAM 12 Plaintiff, 13 v. ORDER GIVING EFFECT TO STIPULATION FOR AWARD OF ATTORNEY’S FEES 14 COMMISSIONER OF SOCIAL UNDER THE EQUAL ACCESS TO JUSICE SECURITY, ACT 15 Defendant. (Doc. No. 24) 16 17 18 On September 19, 2018, plaintiff Ronnie Lee Mack, Sr. filed this action seeking review of 19 a final decision of defendant Andrew M. Saul, the Commissioner of Social Security. (Doc. No. 20 1.) On May 26, 2020, the matter was remanded to the Commissioner of Social Security for 21 further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 22.) On July 30, 2020, the parties 22 filed a stipulation1 with the court agreeing that plaintiff shall be awarded attorney’s fees under the 23 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $6,500.00. (Doc. No. 24 24.) 25 Good cause appearing, and pursuant to the parties’ July 30, 2020 stipulation, the court 26 orders as follows: 27 1 The filing appears on the docket as a “motion for attorney fees,” but this title is a misnomer, as 28 the filing is actually a stipulation between the parties. (See generally Doc. No. 24.) □□□ 4.40°UV VELEOTUMAALY DANE oY FNCU Vireo tiey FT Ayte eve 1 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 2 the amount of $6,500.00; 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 □□□□□ 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 plaintiffs counsel, 12 Jonathan O. Pefia; 13 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 14 counsel, the check will be mailed to plaintiffs counsel’s mailing address. 15 16 IT IS SO ORDERED. ~ 17 Dated: _ July 31, 2020 wee Te ig UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28