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

1 Jonathan O. Peña, Esq. CA Bar ID No.: 278044 2 Peña & Bromberg, PLC 2440 Tulare St., Ste. 320 3 Fresno, CA 93721 4 Telephone: 559-439-9700 Facsimile: 559-439-9723 5 Email: info@jonathanpena.com 6 Attorney for Plaintiff, San Khuan Saeteurn 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 San Khuan Saeteurn, Case No. 2:22-cv-02188-KJN 12 Plaintiff, STIPULATION FOR THE AWARD 13 AND PAYMENT OF ATTORNEY 14 v. FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 15 Kilolo Kijakazi, Acting JUSTICE ACT; ORDER 16 Commissioner of Social Security, 17 Defendant. 18 IT IS HEREBY STIPULATED by and between the parties through their 19 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 20 attorney fees and expenses in the amount of FOUR THOUSAND FOUR HUNDRED 21 NINTY DOLLARS AND 65/100 ($4,490.65) under the Equal Access to Justice Act 22 (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 23 28 U.S.C. §1920. This amount represents compensation for all legal services rendered 24 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 25 28 U.S.C. §§ 1920, 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will 27 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 1 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 2 to honor the assignment will depend on whether the fees are subject to any offset 3 allowed under the United States Department of the Treasury’s Offset Program. After 4 the order for EAJA fees is entered, the government will determine whether they are 5 subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 7 determines that Plaintiff does not owe a federal debt, then the government shall cause 8 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 9 the assignment executed by Plaintiff. Any payments made shall be delivered and 10 made payable to Plaintiff’s counsel, Jonathan O. Peña. 11 This stipulation constitutes a compromise settlement of Plaintiff’s request for 12 EAJA attorney fees, and does not constitute an admission of liability on the part of 13 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 14 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 15 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 16 connection with this action. 17 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 18 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 19 savings clause provisions of the EAJA. 20 Respectfully submitted, 21 22 Dated: October 11, 2023 /s/ Jonathan O. Peña 23 J ONATHAN O. PEÑA Attorney for Plaintiff 24 25 Dated: October 11, 2023 PHILLIP A. TALBERT 26 United States Attorney MATHEW W. PILE 27 Associate General Counsel 1 Office of Program Litigation Social Security Administration 2 3 By: _*_Timothy A. Razel Timothy A. Razel 4 Special Assistant U.S. Attorney 5 Attorneys for Defendant (*Permission to use electronic signature 6 obtained via email on October 11, 2023 ). 7 8 ORDER 9 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 10 11 || to Justice Act Fees and Expenses (the “Stipulation’”), 12 IT IS ORDERED that fees and expenses in the amount of FOUR THOUSAND 13 4 FOUR HUNDRED NINTY DOLLARS AND 65/100 ($4,490.65) as authorized by the 15 || Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of 16 || ZERO dollars ($0.00) under 28 U.S.C. §1920, be awarded subject to the terms of the Stipulation. 18 19 | IT IS SO ORDERED. 20 || Dated: October 16, 2023 21 Ke A Nera 22 KENDALL J. □□□ 33 UNITED STATES MAGISTRATE JUDGE 24 saet.2188 25 26 27 28 -3-