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

HADLEY & FRAULOB 1 A Professional Law Corporation 2 230 Fifth Street Marysville, CA 95901 3 (916) 743-4458 FAX (530) 743-5008 4 5 JOSEPH C. FRAULOB – CA State Bar #194355 Attorney For Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD JAY PAANA, SR 12 Case No.: 2:21-CV-00505-DMC (SS) Plaintiff, 13 v. STIPULATION FOR AWARD OF EAJA 14 ATTORNEY FEES COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 17 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees in the 18 amount of four thousand, three hundred and twenty-nine dollars and fifteen cents ($4,329.15) 19 under the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), and costs in the amount of 20 four hundred and two dollars ($402.00) under 28 U.S.C. 1920. This amount represents 21 compensation for legal services rendered on behalf of Plaintiff by his counsel in connection with 22 this civil action, in accordance with 28 U.S.C. 1920, 2412(d). 23 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 24 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel. Pursuant to Astrue v. 25 Ratliff, 130 S.Ct. 2521 (U.S. June 14, 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 28 1 || Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 2 || determine if it is subject to any offset. 3 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 4 || determines that Plaintiff does not owe a federal debt, then the government shall cause the 5 || payment of fees to be made directly to Plaintiff's counsel Joseph Fraulob, pursuant to the 6 || written assignment executed by Plaintiff. Any and all payments shall be delivered to Plaintiffs 7 || counsel Joseph Fraulob. 8 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 9 || attorney fees and does not constitute an admission of liability on the part of Defendant under the 10 || EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 || bar to, any and all claims that Plaintiff and/or Plaintiff's counsel, including the Law Offices of 12 || Hadley & Fraulob, may have relating to EAJA attorney fees and/or costs in connection with this 13 |] action. 14 DATE: May 23, 2023 By [s/ Joseph Fraulob 8 JOSEPH FRAULOB 16 Attorney for plaintiff 17 18 DATE: May 23, 2023 PHILLIP A. TALBERT 0 United States Attorney 20 By /s/ Edmund Darcher 21 (As authorized via email) 22 EDMUND DARCHER 3 Special Assistant United States Attorney “ ORDER 25 APPROVED AND RED 26 Dated: June 5, 2023 UNITED STATES MAGISTRATE JUDGE 28