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

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5 6 Attorney for Plaintiff DAMON MACKBEE 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 DAMON MACKBEE, Case No. 2:20-cv-02471-JDP 13 Plaintiff, STIPULATION FOR THE AWARD AND 14 PAYMENT OF ATTORNEY FEES AND 15 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; 16 KILOLO KIJAKAZI, Acting [PROPOSED] ORDER 17 Commissioner of Social Security, 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 $7,450.00, under the Equal Access to 22 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 23 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 24 action, in accordance with 28 U.S.C. § 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will 26 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 27 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 1 to honor the assignment will depend on whether the fees are subject to any offset 2 allowed under the United States Department of the Treasury’s Offset Program. After 3 the order for EAJA fees is entered, the government will determine whether they are 4 subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause 7 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 8 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for 10 EAJA attorney fees and does not constitute an admission of liability on the part of 11 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 12 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 13 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 14 relating to EAJA attorney fees in connection with this action. 15 This award is without prejudice to the rights of Francesco Benavides to seek 16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 17 clause provisions of the EAJA. 18 19 Respectfully submitted, 20 21 Dated: October 13, 2022 Law Offices of Francesco Benavides 22 By: /s/ Francesco Benavides 23 FRANCESCO P. BENAVIDES 24 Attorney for Plaintiff 25 26 27 1 Dated: October 13, 2022 PHILLIP A. TALBERT United States Attorney 2 PETER THOMPSON Acting Regional Chief Counsel, Region IX 3 Social Security Administration 4 By: Marcelo Illarmo* 5 MARCELO ILLARMO 6 Special Assistant U.S. Attorney Attorneys for Defendant 7 (*Permission to use electronic signature 8 obtained via email on October 13, 2022). 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 {PROPOSED} ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 5 || amount of $7,450.00 as authorized by 28 U.S.C. § 2412, be awarded subject to the 6 || terms of the Stipulation. 7 8 9 IT IS SO ORDERED. 10 ( — Dated: _ October 17, 2022 qQ_—_— 11 a D. PETERSON 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _4-