(SS) Jones v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE VINCENT JONES, No. 1:22-cv-01388-ADA-BAM (SS) 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 KILOLO KIJAKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT 15 Defendant. (ECF No. 16) 16 17 On October 27, 2022, Plaintiff Kyle Vincent Jones filed this action seeking review of a 18 final decision of Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. (ECF No. 19 1.) The Court remanded the matter on June 30, 2023 for further administrative proceedings 20 pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 13.) On September 28, 2023, the 21 parties filed a stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access 22 to Justice Act, 28 U.S.C. § 2412(d) in the amount of $587.37. (ECF No. 16.) 23 Accordingly, 24 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is 25 awarded attorney’s fees in the amount of $587.37; 26 2. After the issuance of this order, the government shall consider the assignment of 27 the Equal Access to Justice Act attorney’s fees to Plaintiff’s counsel as follows: 28 /// 1 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 2 assignment will depend on whether the attorney’s fees are subject to any 3 offset allowed under the United States Department of Treasury’s Offset 4 Program; 5 b. Fees shall be made payable to Plaintiff, but if the Department of Treasury 6 determines that Plaintiff does not owe a federal debt, then the government 7 shall cause the payment of attorney’s fees to be made directly to □□□□□□□□□□□ 8 counsel, Jonathan O. Pefia; 9 C. Whether the payment of attorney’s fees is made payable to Plaintiff or to 10 his counsel, the check will be mailed to Plaintiff's counsel’s mailing 11 address at: 12 3 J onathan O. Pefia Pefia & Bromberg, PLC 14 2440 Tulare St., Suite 320 Fresno, CA 93721 15 16 17 | IT IS SO ORDERED. 18 | Dated: __ October 2, 2023 19 UNITED f£TATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28