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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE ANTHONY RAMOS, No. 1:22-cv-01007-ADA-CDB 12 Plaintiff, ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 13 v. ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT 14 COMMISSIONER OF SOCIAL SECURITY, (ECF No. 21) 15 Defendant. 16 17 On August 12, 2022, Plaintiff George Anthony Ramos (“Plaintiff”) filed this action seeking 18 review of a final decision of Defendant Commissioner of Social Security. (ECF No. 1.) The Court 19 remanded the matter on March 3, 2023, for further administrative proceedings pursuant to sentence 20 four of 42 U.S.C. § 405(g). (ECF No. 18.) On May 31, 2023, the parties filed a stipulation that 21 Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 22 2412(d), in the amount of $7,900.00. (ECF No. 21 at 1.) The parties further stipulate that Plaintiff 23 is not entitled to any costs under 28 U.S.C. § 1920. (Id.) 24 Accordingly, 25 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is 26 awarded attorney’s fees in the amount of $7,900.00; 27 2. After the issuance of this order, the government shall consider the assignment of the 28 Equal Access to Justice Act attorney’s fees to Plaintiff’s counsel as follows: 1 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 2 assignment will depend on whether the attorney’s fees are subject to any 3 offset allowed under the United States Department of Treasury’s Offset 4 Program; 5 b. Fees shall be made payable to Plaintiff, but if the Department of Treasury 6 determines that Plaintiff does not owe a federal debt, then the government 7 shall cause the payment of attorney’s fees to be made directly to Plaintiff’s 8 counsel, David F. Chermol; 9 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his counsel, 10 the check will be mailed to Plaintiff's counsel’s mailing address at: David F. Chermol, PHV 2 Chermol & Fishman, LLC 11450 Bustleton Ave. 13 Philadelphia, PA 19116 14 15 16 | Ir IS SO ORDERED. M Dated: _ June 7, 2023 18 UNITED f£TATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28