(SS) Garcia 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 MARIA ELENA GARCIA, No. 1:21-cv-01043-ADA-HBK (SS) 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 KILOLO KIJAKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT 15 Defendant. (ECF No. 24) 16 17 18 On July 1, 2021, Plaintiff Maria Elena Garcia filed this action seeking review of a final 19 decision of Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. (ECF No. 1.) 20 The Court remanded the matter on August 9, 2023 for further administrative proceedings 21 pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 21.) On November 6, 2023, the 22 parties filed a stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access 23 to Justice Act, 28 U.S.C. § 2412(d), in the amount of $6,192.04 and costs in the amount of 24 $402.00 under 28 U.S.C. § 1920. (ECF No. 24.) 25 Accordingly, 26 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2414(d), Plaintiff is 27 awarded attorney’s fees in the amount of $6,192.04 and, pursuant to 28 U.S.C. § 28 1920, costs in the amount of $402.00; 1 2. After the issuance of this order, the government shall consider the assignment of 2 the Equal Access to Justice Act attorney’s fees to Plaintiff's counsel as follows: 3 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s Offset 6 Program; 7 b. Fees and costs shall be made payable to Plaintiff, but if the Department of 8 Treasury determines that Plaintiff does not owe a federal debt, then the 9 government shall cause the payment of attorney’s fees and costs to be 10 made directly to Plaintiff's counsel, Jonathan O. Pefia; 11 C. Whether the payment of attorney’s fees and costs is made payable to 12 Plaintiff or to counsel, the check will be mailed to Plaintiff's counsel’s 13 mailing address at: 14 Jonathan O. Pefia 15 Pefia & Bromberg, PLC 2440 Tulare St., Ste. 320 16 Fresno, CA 93721 17 18 | dr Is SO ORDERED. 19 Dated: _ November 7, 2023 20 UNITED f£TATES DISTRICT JUDGE 21 22 23 24 25 26 27 28