(SS) Borceguin Martinez v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEOPOLDO BORCEGUIN MARTINEZ, No. 1:21-cv-00294-DAD-BAM 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSICE ACT 15 Defendant. (Doc. No. 24) 16 17 18 On March 1, 2021, plaintiff Leopoldo Borceguin Martinez filed this action seeking review 19 of a final decision of defendant Kilolo Kijakazi, the Acting Commissioner of Social Security. 20 (Doc. No. 1.) On February 23, 2022, the matter was remanded to the Commissioner of Social 21 Security for further proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 22.) On April 13, 22 2022, the parties filed a stipulation with the court in which the parties agree that plaintiff shall be 23 awarded attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in 24 the amount of $1,233.27. (Doc. No. 19.) 25 Good cause appearing, and pursuant to the parties’ April 13, 2022 stipulation, the court 26 orders as follows: 27 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 28 the amount of $1,233.27; 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiff's counsel; 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 (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff's counsel, 10 Jonathan O. Pefia; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 12 counsel, the check will be mailed to plaintiff's counsel’s mailing address at: 13 Jonathan O. Pefia Pefia & Bromberg, PLC 14 2440 Tulare St., Ste. 320 Fresno, CA 93721 15 16 | IT IS SO ORDERED. _ - 17 e / } {7 A □□ Dated: _ April 14, 2022 fe A or 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28