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

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, Dajanae Kamari Wilson 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Dajanae Kamari Wilson, Case No. 1:22-cv-00425-SKO 13 Plaintiff, STIPULATION AND UNOPPOSED 14 MOTION FOR THE AWARD AND v. PAYMENT OF ATTORNEY FEES 15 AND EXPENSES PURSUANT TO THE 16 Kilolo Kijakazi, Acting EQUAL ACCESS TO JUSTICE ACT; Commissioner of Social Security, ORDER 17 18 Defendant. (Doc. 27) 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees and expenses in the amount of SEVEN THOUSAND THREE- 23 HUNDRED SIXTY-FIVE DOLLARS and 32/100 ($7,365.32) under the Equal Access 24 to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of zero dollars 25 ($0.00) under 28 U.S.C. §1920. This amount represents compensation for all legal 26 services rendered on behalf of Plaintiff by counsel in connection with this civil action, 27 in accordance with 28 U.S.C. §§ 1920, 2412(d). 1 After the Court issues an order for EAJA fees to Plaintiff, the government will 2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 4 to honor the assignment will depend on whether the fees are subject to any offset 5 allowed under the United States Department of the Treasury’s Offset Program. After 6 the order for EAJA fees is entered, the government will determine whether they are 7 subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 11 the assignment executed by Plaintiff. Any payments made shall be delivered and 12 made payable to Plaintiff’s counsel, Jonathan O. Peña. Additionally, any payment of 13 costs under 28 U.S.C. §1920 may be made either by electronic fund transfer (ETF) or 14 by check. 15 This stipulation constitutes a compromise settlement of Plaintiff’s request for 16 EAJA attorney fees, and does not constitute an admission of liability on the part of 17 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 18 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 19 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 20 connection with this action. 21 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 22 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 23 savings clause provisions of the EAJA. 24 Respectfully submitted, 25 26 27 1 Dated: December 18, 2023 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 2 Attorney for Plaintiff 3 Dated: December 18, 2023 PHILLIP A. TALBERT 4 United States Attorney 5 MATHEW W. PILE Associate General Counsel 6 Office of Program Litigation 7 Social Security Administration 8 By: _*_Jessamyn Hanna 9 Jessamyn Hanna 10 Special Assistant U.S. Attorney Attorneys for Defendant 11 (*Permission to use electronic signature 12 obtained via email on Dec. 18, 2023). 13 ORDER 14 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the 15 16 Award and Payment of Equal Access to Justice Act Fees and Expenses (the 17 “Stipulation”) (Doc. 27), 18 IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND 19 20 THREE-HUNDRED SIXTY-FIVE DOLLARS and 32/100 ($7,365.32) as authorized 21 by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), be awarded subject to 22 the terms of the Stipulation. 23 24 IT IS SO ORDERED. 25 26 Dated: December 19, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 27