(SS) Garcia 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, Jayde Krystiana Garcia 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Jayde Krystiana Garcia, Case No. 1:22-cv-01523-SKO 13 Plaintiff, STIPULATION AND ORDER FOR 14 THE AWARD AND PAYMENT OF v. ATTORNEY FEES AND EXPENSES 15 PURSUANT TO THE EQUAL ACCESS 16 Kilolo Kijakazi, Acting TO JUSTICE ACT Commissioner of Social Security, 17 18 Defendant. 19 IT IS HEREBY STIPULATED by and between the parties through their 20 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 21 attorney fees and expenses in the amount of SEVEN THOUSAND DOLLARS and 22 00/100 ($7,000.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), 23 and costs in the amount of zero dollars ($0.00) under 28 U.S.C. §1920. This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff by counsel 25 in connection with this civil action, in accordance with 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. Additionally, any payment of 11 costs under 28 U.S.C. §1920 may be made either by electronic fund transfer (ETF) or 12 by check. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for 14 EAJA attorney fees, and does not constitute an admission of liability on the part of 15 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 16 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 17 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 18 connection with this action. 19 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 20 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 21 savings clause provisions of the EAJA. 22 Respectfully submitted, 23 24 Dated: November 22, 2023 /s/ Jonathan O. Peña 25 J ONATHAN O. PEÑA Attorney for Plaintiff 26 27 Dated: November 22, 2023 PHILLIP A. TALBERT 1 United States Attorney MATHEW W. PILE 2 Associate General Counsel Office of Program Litigation 3 Social Security Administration 4 By: _*_Margaret Branick-Abilla 5 Margaret Branick-Abilla 6 Special Assistant U.S. Attorney Attorneys for Defendant 7 (*Permission to use electronic signature 8 obtained via email on November 21, 2023) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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”) (Doc. 21), IT IS ORDERED that 5 fees and expenses in the amount of SEVEN THOUSAND DOLLARS and 00/100 6 ($7,000.00), as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 7 8 2412(d), be awarded subject to the terms of the Stipulation. 9 10 IT IS SO ORDERED. 11 12 Dated: November 27, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27