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

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 FRESNO DIVISION 9 JZON BUCKNER, Case No. 1:22-cv-00505-EPG 10 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 11 v. EXPENSES PURSUANT TO THE EQUAL 12 ACCESS TO JUSTICE ACT; ORDER KILOLO KIJAKAZI, Acting 13 Commissioner of Social Security, (ECF No. 26) 14 Defendant. 15 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 16 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 17 of SEVEN THOUSAND DOLLARS AND 00/100 ($7,000.00) under the Equal Access to Justice Act 18 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. 19 §1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by 20 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 23 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 26 27 whether they are subject to any offset. 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 Counsel, pursuant to the assignment executed by Plaintiff. Any 4 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 5 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 6 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 7 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 8 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 9 attorney fees in connection with this action. 10 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 11 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 12 EAJA. 13 Respectfully submitted, 14 15 Dated: May 31, 2023 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 16 Attorney for Plaintiff 17 Dated: May 31, 2023 PHILLIP A. TALBERT 18 United States Attorney MATHEW W. PILE 19 Associate General Counsel 20 Office of Program Litigation Social Security Administration 21 By: _*_Marcelo N. Illarmo 22 Marcelo N. Illarmo Special Assistant U.S. Attorney 23 Attorneys for Defendant 24 (*Permission to use electronic signature obtained via email on May 31, 2023). 25 26 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. 26), IT IS ORDERED that fees and expenses in the amount of SEVEN 4 || THOUSAND DOLLARS AND 00/100 ($7,000.00) as authorized by the Equal Access to Justice Act 5 (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. §1920 6 be awarded subject to the terms of the Stipulation. 7 IT IS SO ORDERED. 8 Dated: _ June 1, 2023 [le ey — UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-