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

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 Fax: (925) 522-5306 4 Email: francesco@benavidesdisabilitylaw.com 5 Attorney for Plaintiff 6 RONDI NERI 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 RONDI NERI, Case No. 1:22-cv-00385-EPG 11 Plaintiff, STIPULATION FOR THE AWARD AND 12 PAYMENT OF ATTORNEY FEES AND v. EXPENSES PURSUANT TO THE EQUAL 13 ACCESS TO JUSTICE ACT; ORDER 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, (ECF No. 17) 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 19 of $7,453.97, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $402 in costs 20 under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 21 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 22 1920. 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 24 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 25 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States Department of the 27 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 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 Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 4 executed by Plaintiff. This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 5 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 6 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 7 and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 8 Benavides, may have relating to EAJA attorney fees in connection with this action. 9 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 10 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 11 12 Respectfully submitted, 13 14 Dated: February 8, 2023 Law Offices of Francesco Benavides 15 By: /s/ Francesco Benavides 16 FRANCESCO P. BENAVIDES Attorney for Plaintiff 17 18 19 20 Dated: February 8, 2023 PHILLIP A. TALBERT United States Attorney 21 MATHEW W. PILE Associate General Counsel 22 Social Security Administration 23 By: Jacob P. Phillips* 24 JACOB P. PHILLIPS Special Assistant U.S. Attorney 25 Attorneys for Defendant 26 (*Permission to use electronic signature obtained via email on February 8, 2023). 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act 3 || Fees and Expenses (ECF No. 17), IT IS ORDERED that fees and expenses in the amount of $7,453.97 4 || as authorized by 28 U.S.C. § 2412, and $402 in costs under 28 U.S.C. § 1920, be awarded subject to 5 the terms of the Stipulation. 6 IT IS SO ORDERED. 7 g|| Dated: _ February 9, 2023 [spe Fey UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-