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

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 4 Fresno, CA 93721 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 6 Email: info@jonathanpena.com Attorney for Plaintiff, David Allen Trimm 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 DAVID ALLEN TRIMM, Case No. 1:22-cv-00663-JLT-BAM 13 Plaintiff, STIPULATION FOR THE AWARD 14 AND PAYMENT OF ATTORNEY v. FEES AND EXPENSES PURSUANT 15 TO THE EQUAL ACCESS TO 16 KILOLO KIJAKAZI, Acting JUSTICE ACT; |PROPOSED| ORDER Commissioner of Social Security, 17 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 SIX THOUSAND SIX HUNDRED 22 DOLLARS AND 00/100 ($6,600.00) under the Equal Access to Justice Act (EAJA), 28 23 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED TWO DOLLARS 24 AND 00/100 ($402.00) under 28 U.S.C. §1920. This amount represents compensation 25 for all legal services rendered on behalf of Plaintiff by counsel in connection with this 26 civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 27 1 After the Court issues an order for EAJA fees to Plaintiff, the government will 2 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 3 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 4 to honor the assignment will depend on whether the fees are subject to any offset 5 allowed under the United States Department of the Treasury’s Offset Program. After 6 the order for EAJA fees is entered, the government will determine whether they are 7 subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 9 determines that Plaintiff does not owe a federal debt, then the government shall cause 10 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 11 the assignment executed by Plaintiff. Any payments made shall be delivered and 12 made payable to Plaintiff’s counsel, Jonathan O. Peña. 13 Plaintiff’s net worth did not exceed $2,000,000.00 when this action was filed. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request for 15 EAJA attorney fees, and does not constitute an admission of liability on the part of 16 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 17 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 18 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 19 connection with this action. 20 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 21 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 22 savings clause provisions of the EAJA. 23 Respectfully submitted, 24 25 Dated: July 18, 2023 /s/ Jonathan O. Peña 26 27 1 J ONATHAN O. PEÑA Attorney for Plaintiff 2 3 Dated: July 18, 2023 PHILLIP A. TALBERT United States Attorney 4 MATHEW W. PILE 5 Associate General Counsel Office of Program Litigation 6 Social Security Administration 7 8 By: _*_Caspar I. Chan Caspar I. Chan 9 Special Assistant U.S. Attorney 10 Attorneys for Defendant (*Permission to use electronic signature 11 obtained via email on July 18, 2023). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 (the “Stipulation”), IT IS ORDERED that attorney’s 4 fees and expenses in the amount of Six Thousand Six Hundred Dollars ($6,600.00) as 5 authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in 6 the amount of Four Hundred Two Dollars ($402.00) under 28 U.S.C. §1920 be 7 awarded to Plaintiff subject to the terms of the Stipulation. 8 IT IS SO ORDERED. 9 Dated: July 21, 2023 /s/ Barbara A. McAuliffe _ 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27