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

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 Fresno, CA 93721 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: info@jonathanpena.com 6 Attorney for Plaintiff, James John Romo 7 8 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 JAMES JOHN ROMO, Case No. 1:21-cv-01587-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 KILOLO KIJAKAZI, Acting 14 Commissioner of Social Security, (ECF No. 21) 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in 19 the amount of FIVE THOUSAND DOLLARS AND 00/100 ($5,000.00) under the Equal Access to 20 Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 21 U.S.C. §1920. This amount represents compensation for all legal services rendered on behalf of 22 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 23 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. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 26 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 27 whether the fees are subject to any offset allowed under the United States Department of the 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 5 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 7 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 8 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 10 attorney fees in connection with this action. 11 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 12 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 13 EAJA. 14 Respectfully submitted, 15 16 Dated: February 13, 2023 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 17 Attorney for Plaintiff 18 19 Dated: February 13, 2023 PHILLIP A. TALBERT United States Attorney 20 MATHEW W. PILE Associate General Counsel 21 Office of Program Litigation Social Security Administration 22 23 By: _*_Margaret Lehrkind Margaret Lehrkind 24 Special Assistant U.S. Attorney Attorneys for Defendant 25 (*Permission to use electronic signature obtained via email on February 13, 2023). 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice 3 || Act Fees and Expenses (ECF No. 21), IT IS ORDERED that fees and expenses in the amount of 4 || FIVE THOUSAND DOLLARS AND 00/100 ($5,000.00) as authorized by the Equal Access to 5 Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of ZERO dollars ($0.00) under 28 6 U.S.C. § 1920 be awarded subject to the terms of the Stipulation. 7 IT IS SO ORDERED. 8 Dated: _February 14, 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-