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

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 Fax: (925) 522-5306 4 Email: francesco@benavidesdisabilitylaw.com 5 Attorney for Plaintiff 6 DAVID ANTHONY TREJO 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 DAVID ANTHONY TREJO, Case No. 1:22-cv-00192-EPG 10 11 Plaintiff, ORDER RE: STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 12 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 13 KILOLO KIJAKAZI, Acting Commissioner of Social Security, (ECF No. 19). 14 15 Defendant. IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 16 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 17 of $6,038.21, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 18 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 19 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 20 1920. 21 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 22 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 23 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 24 whether the fees are subject to any offset allowed under the United States Department of the 25 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 26 whether they are subject to any offset. 27 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 1 and costs to be made directly to Plaintiff’s counsel, Francesco Benavides, pursuant to the assignment 2 executed by Plaintiff. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 4 fees and does not constitute an admission of liability on the part of Defendant under the EAJA or 5 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Francesco Benavides, including the Law Offices of Francesco 6 Benavides, may have relating to EAJA attorney fees in connection with this action. 7 This award is without prejudice to the rights of Francesco Benavides to seek Social Security 8 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 9 10 Respectfully submitted, 11 12 Dated: April 6, 2023 Law Offices of Francesco Benavides 13 By: /s/ Francesco Benavides 14 FRANCESCO P. BENAVIDES Attorney for Plaintiff 15 16 17 18 Dated: April 6, 2023 PHILLIP A. TALBERT United States Attorney 19 MATHEW W. PILE 20 Associate General Counsel Social Security Administration 21 22 By: Andrea Banks* 23 ANDREA BANKS Special Assistant U.S. Attorney 24 Attorneys for Defendant (*Permission to use electronic signature 25 obtained via email on April 6, 2023). 26 27 1 ORDER 2 Based upon the parties’ stipulation (ECF No. 19), IT IS ORDERED that fees and expenses in 3 || the amount of $6,038.21 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be 4 || awarded subject to the terms of the Stipulation. 5 IT IS SO ORDERED. 7|| Dated: _ April 7, 2023 [Je hey —— UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-