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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELISSA ELAINE HARE, No. 1:21-cv-01069-ADA-HBK 12 Plaintiff, ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 13 v. ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, (ECF No. 26) 15 Defendant. 16 17 On July 8, 2021, Plaintiff Melissa Elaine Hare filed this action seeking review of a final 18 decision of Defendant Commissioner of Social Security. (ECF No. 1.) The Court remanded the 19 matter on December 19, 2022 for further administrative proceedings pursuant to sentence four of 20 42 U.S.C. § 405(g). (ECF No. 24.) On March 20, 2023, the parties filed a stipulation that 21 Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 22 2412(d), in the amount of $5,500.00. (ECF No. 26 at 1.) The parties further stipulate that 23 Plaintiff is not entitled to any costs under 28 U.S.C. § 1920. 24 Accordingly, 25 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is 26 awarded attorney’s fees in the amount of $5,500.00; 27 2. After the issuance of this order, the government shall consider the assignment of 28 the Equal Access to Justice Act attorney’s fees to Plaintiff’s counsel as follows: 1 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 2 assignment will depend on whether the attorney’s fees are subject to any offset 3 allowed under the United States Department of Treasury’s Offset Program; 4 b. Fees shall be made payable to Plaintiff, but if the Department of Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall 6 cause the payment of attorney’s fees to be made directly to Plaintiffs counsel, 7 Jonathan O. Pefia; 8 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his 9 counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: 10 Jonathan O. Pefia ll Pefia & Bromberg, PLC 2440 Tulare St., Ste. 320 12 Fresno, CA 93721 13 14 5 IT IS SO ORDERED. 16 Dated: _ March 27, 2023 UNITED f£TATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28