(SS) Kaur v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASBIR KAUR, No. 1:22-cv-00367-DAD-SAB 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSTICE ACT 15 Defendant. (Doc. No. 14) 16 17 18 On March 29, 2022, plaintiff Jasbir Kaur filed this action seeking review of a final 19 decision of defendant Commissioner of Social Security. (Doc. No. 1.) On July 18, 2022, the 20 matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 21 42 U.S.C. § 405(g). (Doc. No. 12.) On August 15, 2022, the parties filed a stipulation with the 22 court in which the parties agree that plaintiff shall be awarded attorney’s fees under the Equal 23 Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $1,400.00, and costs 24 under 28 U.S.C. § 920, in the amount of $402.00. (Doc. No. 14.) 25 Good cause appearing, and pursuant to the parties’ August 15, 2022 stipulation, the court 26 orders as follows: 27 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 28 the amount of $1,400.00; 1 2. Pursuant to 28 U.S.C. § 920, and the parties’ stipulation, plaintiff is awarded costs 2 in the amount of $402.00; 3 3, After the issuance of this order, the government shall consider the assignment of 4 the EAJA attorney’s fees to plaintiffs counsel; 5 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 6 assignment will depend on whether the attorney’s fees are subject to any 7 offset allowed under the United States Department of Treasury’s (“the 8 DOT”) Offset Program; 9 b. Fees shall be made payable to plaintiff, but if the DOT determines that 10 plaintiff does not owe a federal debt, then the government shall cause the 11 payment of attorney’s fees to be made directly to plaintiffs counsel, 12 Francesco Benavides; 13 4. Whether the payment of attorney’s fees is made payable to plaintiff or to his 14 counsel, the check will be mailed to plaintiff's counsel’s mailing address at: 15 Francesco Benavides Law Offices of Francesco Benavides 16 1990 N. California Blvd. Suite 20 7 Walnut Creek, CA 94596 18 | IT IS SO ORDERED. si □ Dated: _ August 16, 2022 J al, A i a 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28