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

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Mai Yang 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 MAI YANG, Case No. 1:21-cv-00755-BAM 13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO 16 KILOLO KIJAKAZI, Acting JUSTICE ACT; |PROPOSED| ORDER Commissioner of Social Security, 17 (Doc. 18) 18 Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of EIGHT HUNDRED FIFTY DOLLARS 22 AND 64/100 ($850.64) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 23 § 2412(d).. This amount represents compensation for all legal services rendered on 24 behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 25 26 U.S.C. § 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 9 the assignment executed by Plaintiff. Any payments made shall be delivered to 10 Plaintiff’s counsel, Jonathan O. Peña. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for 12 EAJA attorney fees, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 14 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 15 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 16 connection with this action. 17 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 18 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 19 savings clause provisions of the EAJA. 20 Respectfully submitted, 21 22 Dated: August 25, 2022 /s/ Jonathan O. Peña 23 J ONATHAN O. PEÑA Attorney for Plaintiff 24 25 Dated: August 25, 2022 PHILLIP A. TALBERT 26 United States Attorney PETER K. THOMPSON 27 Acting Regional Chief Counsel, Region IX 1 Social Security Administration 2 By: _*_Oscar Gonzalez de Llano Oscar Gonzalez de Llano 3 Special Assistant U.S. Attorney 4 Attorneys for Defendant (*Permission to use electronic signature 5 obtained via email on August 24, 2022). 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Attorney Fees 3 4 and Expenses Pursuant to the Equal Access to Justice Act (the “Stipulation”), 5 IT IS ORDERED that fees and expenses in the amount of EIGHT HUNDRED 6 FIFTY DOLLARS AND 64/100 ($850.64) as authorized by the Equal Access to Justice 7 8 Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to the terms of the Stipulation. 9 The Clerk of the Court is directed to administratively terminate the Motion for 10 11 Attorney’s Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, filed on 12 August 24, 2022 (Doc. 17). 13 14 15 IT IS SO ORDERED. 16 Dated: August 29, 2022 /s/ Barbara A. McAuliffe _ 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27