(SS) Tinoco v. Commissioner of Social Security ( 2022 )

1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 FRESNO DIVISION 4 Margaret Elizabeth Tinoco, Case No. 1:21-cv-00278-JLT 5 Plaintiff, STIPULATION FOR THE AWARD 6 AND PAYMENT OF ATTORNEY 7 v. FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 8 Kilolo Kijakazi, Acting JUSTICE ACT; ORDER 9 Commissioner of Social Security, 10 Defendant. 11 IT IS HEREBY STIPULATED by and between the parties through their 12 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 13 attorney fees and expenses in the amount of SEVEN THOUSAND FIVE HUNDRED 14 DOLLARS AND 00/100 ($7,500.00) under the Equal Access to Justice Act (EAJA), 28 15 U.S.C. § 2412(d), and cost in the amount of FOUR HUNDRED DOLLARS AND 16 00/100 ($400.00) under 28 U.S.C. §1920. This amount represents compensation for all 17 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 18 19 action, in accordance with 28 U.S.C. § 2412(d). 20 After the Court issues an order for EAJA fees to Plaintiff, the government will 21 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 22 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 23 to honor the assignment will depend on whether the fees are subject to any offset 24 allowed under the United States Department of the Treasury’s Offset Program. After 25 the order for EAJA fees is entered, the government will determine whether they are 26 subject to any offset. 27 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 1 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 2 the assignment executed by Plaintiff. Any payments made shall be delivered to 3 Plaintiff’s counsel, Jonathan O. Peña. 4 This stipulation constitutes a compromise settlement of Plaintiff’s request for 5 EAJA attorney fees, and does not constitute an admission of liability on the part of 6 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 7 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 8 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 9 connection with this action. 10 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 11 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 12 savings clause provisions of the EAJA. 13 Respectfully submitted, 14 15 Dated: February 28, 2022 /s/ Jonathan O. Peña 16 J ONATHAN O. PEÑA Attorney for Plaintiff 17 18 Dated: February 28, 2022 PHILLIP A. TALBERT 19 United States Attorney PETER K. THOMPSON 20 Acting Regional Chief Counsel, Region IX 21 Social Security Administration 22 By: _*_Daniel P. Talbert 23 Daniel P. Talbert Special Assistant U.S. Attorney 24 Attorneys for Defendant 25 (*Permission to use electronic signature obtained via email on February 28, 2022). 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 4 to Justice Act Fees and Expenses (the “Stipulation”), 5 IT IS ORDERED that fees and expenses in the amount of SEVEN THOUSAND 6 FIVE HUNDRED DOLLAR AND 00/100($7,500.00) as authorized by the Equal 7 8 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of FOUR 9 HUNDRED DOLLARS AND 00/100 ($400.00) under 28 U.S.C. §1920. be awarded 10 11 subject to the terms of the Stipulation. 12 13 IT IS SO ORDERED. 14 Dated: March 2, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27