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

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, Gilbert John Telly 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 GILBERT JOHN TELLY, Case No. 1:19-cv-00456-SKO 13 Plaintiff, STIPULATION AND ORDER FOR 14 THE AWARD AND PAYMENT OF v. ATTORNEY FEES AND EXPENSES 15 PURSUANT TO THE EQUAL ACCESS 16 ANDREW SAUL, Commissioner of TO JUSTICE ACT Social Security, 17 (Doc. 26) 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 FIVE THOUSAND SEVEN HUNDRED 22 FORTY-TWO DOLLARS and 43/100, ($5,742.43), 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. 17 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 18 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 19 savings clause provisions of the EAJA. 20 Respectfully submitted, 21 22 Dated: December 1, 2020 /s/ Jonathan O. Peña 23 J ONATHAN O. PEÑA Attorney for Plaintiff 24 25 Dated: December 1, 2020 McGREGOR W. SCOTT 26 United States Attorney DEBORAH LEE STACHEL 27 Regional Chief Counsel, Region IX 1 Social Security Administration 2 By: _* Marcelo N. Illarmo_ Marcelo N. Illarmo 3 Special Assistant U.S. Attorney 4 Attorneys for Defendant (*Permission to use electronic signature 5 obtained via email on December 1, 2020). 6 7 8 9 ORDER 10 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees 11 and Expenses Pursuant to the Equal Access to Justice Act (the “Stipulation”) (Doc. 26), 12 IT IS ORDERED that fees and expenses in the amount of FIVE THOUSAND 13 SEVEN HUNDRED FORTY-TWO DOLLARS and 43/100 ($5,742.43) as authorized 14 by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to 15 the terms of the Stipulation. 16 17 IT IS SO ORDERED. 18 Sheila K. Oberto Dated: December 16, 2020 /s/ . 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27