(SS) Lopez Rodriguez v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGELA MARIA LOPEZ RODRIGUEZ, No. 1:21-cv-00490-ADA-BAM 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSTICE ACT 15 Defendant. (Doc. No. 17) 16 17 18 On March 24, 2021, Plaintiff Angela Maria Lopez Rodriguez (“Plaintiff”) filed this 19 action, seeking review of a final decision of Defendant Commissioner of Social Security. (Doc. 20 No. 1.) On August 2, 2022, the matter was remanded to the Commissioner of Social Security for 21 further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 23.) On September 2, 2022, the 22 parties filed a stipulation with the court in which the parties agree that Plaintiff shall be awarded 23 attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the 24 amount of $8,000.00. (Doc. No. 25.) 25 Good cause appearing, and pursuant to the parties’ September 2, 2022 stipulation, the 26 court orders as follows: 27 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), Plaintiff is awarded attorney’s fees in the 28 amount of $8,000.00; 1 2. After the issuance of this order, the government shall consider the assignment of the 2 EAJA attomey’s fees to Plaintiff's counsel; 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 offset 5 allowed under the United States Department of Treasury’s (“the DOT”) Offset 6 Program; 7 b. Fees shall be made payable to Plaintiff, but if the DOT determines that Plaintiff 8 does not owe a federal debt, then the government shall cause the payment of 9 attorney’s fees to be made directly to Plaintiff's counsel, Jonathan O. Pejia; 10 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his counsel, the 11 check will be mailed to Plaintiff's counsel’s mailing address at: 12 Jonathan O. Pefia 13 Pefia & Bromberg, PLC 14 2440 Tulare St., Ste. 320 15 Fresno, CA 93721 16 17 1g | IT IS SO ORDERED. 19 Dated: _ September 12, 2022 50 UNITED f£TATES DISTRICT JUDGE 21 22 23 24 25 26 27 28