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

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 RAFAEL BARRAGAN OCHOA, ) Case No. 1:19-cv-01686-JDP 10 ) 11 Plaintiff, ) STIPULATION AND ORDER FOR THE ) AWARD AND PAYMENT OF ATTORNEY 12 vs. ) FEES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 13 ANDREW SAUL, ) 2412(d) 14 Commissioner of Social Security, ) ) ECF No. 23 15 Defendant. ) ) 16 ) 17 18 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount 20 of SEVEN THOUSAND, ONE HUNDRED DOLLARS AND ZERO CENTS ($7,100.00) under 21 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 22 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 23 this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 25 matter of Plaintiff’s assignment of EAJA fees to counsel Jonathan O. Pena. Pursuant to Astrue v. 26 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 27 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 28 1 Program. After the order for EAJA fees is entered, the government will determine whether they 2 are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to Jonathan O. Pena, pursuant to the assignment executed by Plaintiff. Any 6 payments made shall be delivered to counsel Jonathan O. Pena. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel Jonathan O. Pena, including Pena & 11 Bromberg, PLC, may have relating to EAJA attorney fees in connection with this action. 12 This award is without prejudice to the rights of counsel to seek Social Security Act 13 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 14 Respectfully submitted, 15 Dated: December 14, 2020 PENA & BROMBERG, PLC 16 17 By: /s/ Jonathan O. Pena* JONATHAN O. PENA 18 Attorneys for Plaintiff 19 [*As authorized by e-mail on Dec. 14, 2020] 20 21 Dated: December 16, 2020 McGREGOR W. SCOTT United States Attorney 22 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 23 Social Security Administration 24 25 By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 26 Special Assistant United States Attorney 27 Attorneys for Defendant 28 eee eee I EI EE OIE OEE DE ORDER 2 || Pursuant to stipulation, it is so ordered. 3 |/TT IS SO ORDERED. 4 / s |[Dated: _ December 16, 2020 _ Ws JEREMY D. PETERSON 6 UNITED STATES MAGISTRATE JUDGE ; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28