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

1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 FRESNO DIVISION 4 ADAM JOSEPH GIACOMAZZI, Case No. 1:21-cv-01031-GSA 5 6 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY 7 v. FEES AND EXPENSES PURSUANT 8 TO THE EQUAL ACCESS TO 9 KILOLO KIJAKAZI, Acting JUSTICE ACT; ORDER Commissioner of Social Security, 10 11 Defendant. 12 IT IS HEREBY STIPULATED by and between the parties through their 13 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 14 attorney fees and expenses in the amount of $6,150.00, under the Equal Access to 15 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 16 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 17 action, in accordance with 28 U.S.C. § 2412(d). 18 After the Court issues an order for EAJA fees to Plaintiff, the government will 19 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 20 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 21 to honor the assignment will depend on whether the fees are subject to any offset 22 allowed under the United States Department of the Treasury’s Offset Program. After 23 the order for EAJA fees is entered, the government will determine whether they are 24 subject to any offset. 25 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 26 determines that Plaintiff does not owe a federal debt, then the government shall cause 27 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 1 the assignment executed by Plaintiff. Any payments made shall be delivered to 2 Plaintiff’s counsel, Jonathan O. Peña. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for 4 EAJA attorney fees, and does not constitute an admission of liability on the part of 5 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 6 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 7 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 8 connection with this action. 9 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 10 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 11 savings clause provisions of the EAJA. 12 13 Respectfully submitted, 14 15 Dated: March 22, 2022 /s/ Jonathan O. Peña 16 J ONATHAN O. PEÑA Attorney for Plaintiff 17 18 Dated: March 22, 2022 PHILLIP A. TALBERT 19 United States Attorney PETER THOMPSON 20 Acting Regional Chief Counsel, Region IX 21 Social Security Administration 22 By: Marla Letellier* 23 MARLA LETELLIER Special Assistant U.S. Attorney 24 Attorneys for Defendant 25 (*Permission to use electronic signature obtained via email on March 22, 2022). 26 27 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 3 to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 4 amount of $6,150.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms 5 6 of the Stipulation. 7 8 IT IS SO ORDERED. 9 Dated: March 23, 2022 /s/ Gary S. Austin 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27