(SS) Slover 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 DANIEL JAMES SLOVER, No. 1:21-cv-01089-NODJ-BAM 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 KILOLO KIJAKAZI, Acting ATTORNEY’S FEES UNDER THE EQUAL Commissioner of Social Security, ACCESS TO JUSTICE ACT 15 Defendant. (ECF No. 32) 16 17 18 On July 14, 2021, Plaintiff Daniel James Slover filed this action seeking review of a final 19 decision of Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. (ECF No. 1.) 20 On September 13, 2023, the Court adopted the assigned Magistrate Judge’s Findings and 21 Recommendations and granted Plaintiff’s Motion for Summary Judgment. (ECF No. 30.) On 22 December 13, 2023, the parties filed a stipulation that Plaintiff should be awarded attorney’s fees 23 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $7,500.00. (ECF 24 No. 32.) The parties further stipulate that Plaintiff is not entitled to any costs under 28 U.S.C. 25 § 1920. (Id.) 26 Accordingly, 27 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is 28 awarded attorney’s fees in the amount of $7,500.00; and ] 2. After the issuance of this order, the government shall consider the assignment of 2 the Equal Access to Justice Act attorney’s fees to Plaintiff's counsel as follows: 3 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s Offset 6 Program; 7 b. Fees shall be made payable to Plaintiff, but if the Department of Treasury 8 determines that Plaintiff does not owe a federal debt, then the government 9 shall cause the payment of attorney’s fees to be made directly to □□□□□□□□□□□ 10 counsel, Jonathan O. Pefia; and 11 c. Whether the payment of attorney’s fees is made payable to Plaintiff or to 12 counsel, the check will be mailed to Plaintiff's counsel’s mailing address 13 at: 14 Jonathan O. Pefia 15 Pefia & Bromberg, PLC 2440 Tulare St., Ste. 320 16 Fresno, CA 93721. 17 IT IS SO ORDERED. 18 Dated: _ December 21, 2023 19 CHIEF ED STATES DISTRICT JUDGE 22 23 24 25 26 27 28