(SS) Phanthavong v. Commissioner of Social Security ( 2024 )

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SONG PHANTHAVONG, ) Case No. 1:23-cv-00223-EPG 13 ) 14 Plaintiff, ) STIPULATION FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES 15 vs. ) PURSUANT TO THE EQUAL ACCESS ) TO JUSTICE ACT, 28 U.S.C. § 2412(d) 16 COMMISSIONER OF SOCIAL SECURITY, ) 17 ) (ECF No. 19) Defendant. ) 18 ) 19 ) ) 20 21 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 22 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount 23 of SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) under the Equal Access to 24 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all legal 25 services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 26 accordance with 28 U.S.C. § 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 28 matter of Plaintiff’s assignment of EAJA fees to counsel Jonathan O. Pena (Counsel). Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on 2 whether the fees are subject to any offset allowed under the United States Department of the 3 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 4 determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 7 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 8 made shall be delivered to Counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 13 associates, may have relating to EAJA attorney fees in connection with this action. 14 This award is without prejudice to the rights of counsel to seek Social Security Act 15 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.in 16 favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 17 Respectfully submitted, 18 Dated: January 9, 2024 PENA & BROMBERG, PLC 19 By: /s/ Jonathan O. Pena* 20 JONATHAN O. PENA 21 Attorneys for Plaintiff [*As authorized by e-mail on Jan. 9, 2024] 22 23 Dated: January 10, 2024 PHILLIP A. TALBERT 24 United States Attorney 25 By: /s/ Margaret Branick-Abilla ___ MARGARET BRANICK-ABILLA 26 Special Assistant United States Attorney 27 Attorneys for Defendant 28 1 ORDER 2 Pursuant to the parties’ stipulation (ECF No. 19), IT IS ORDERED that attorney fees in 3 || the amount of $6,000 are awarded subject to the terms of the stipulation. 4 5 IT IS SO ORDERED. © || Dated: _ January 10, 2024 □□□ hey — 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28