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

1 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 3 Fresno, CA 93721 Telephone: 559-439-9700 4 Facsimile: 559-439-9723 Email: info@jonathanpena.com 5 Attorney for Plaintiff, Brandon Roberto Daugherty 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 FRESNO DIVISION 9 10 BRANDON ROBERTO DAUGHERTY, Case No. 1:21-cv-00417-EPG 11 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 12 v. EXPENSES PURSUANT TO THE EQUAL 13 ACCESS TO JUSTICE ACT; ORDER KILOLO KIJAKAZI, Acting 14 Commissioner of Social Security, (ECF No. 20) 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 $4,000.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 19 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection 20 with this civil action, in accordance with 28 U.S.C. § 2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 23 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 26 whether they are subject to any offset. 27 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 14 Respectfully submitted, 15 16 Dated: November 11, 2021 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 17 Attorney for Plaintiff 18 Dated: November 11, 2021 PHILLIP A. TALBERT 19 Acting United States Attorney 20 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 21 Social Security Administration 22 By: Justin Lane Martin* JUSTIN LANE MARTIN 23 Special Assistant U.S. Attorney 24 Attorneys for Defendant (*Permission to use electronic signature 25 obtained via email on November 11, 2021). 26 27 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees and Expenses (ECF No. 20), IT IS ORDERED that fees and expenses in the amount of 4 $4,000.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 5 6 5 IT IS SO ORDERED. Dated: _ November 11, 2021 □□□ hey 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-