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

1 Jonathan O. Peña, Esq. 2 CA Bar ID No.: 278044 Peña & Bromberg, PLC 3 2440 Tulare St., Ste. 320 Fresno, CA 93721 4 Telephone: 559-439-9700 5 Facsimile: 559-439-9723 Email: info@jonathanpena.com 6 Attorney for Plaintiff, Rosalio Betancourt 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ROSALIO BETANCOURT, Case No. 1:22-cv-00570-EPG 11 Plaintiff, ORDER RE: STIPULATION FOR THE AWARD 12 AND PAYMENT OF ATTORNEY FEES AND 13 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 14 COMMISSIONER OF SOCIAL SECURITY, (ECF No. 16). 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 19 of FOUR HUNDRED EIGHTY-SIX DOLLARS AND 12/100 ($486.12) under the Equal Access to 20 Justice Act (EAJA), 28 U.S.C. § 2412(d), and cost in the amount of ZERO dollars ($0.00) under 28 21 U.S.C. §1920. This amount represents compensation for all legal services rendered on behalf of 22 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 23 1920. 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 25 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States Department of the 27 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 5 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 6 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 7 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 8 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 10 attorney fees in connection with this action. 11 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 12 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 13 EAJA. 14 Respectfully submitted, 15 16 Dated: November 16, 2022 /s/ Jonathan O. Peña 17 J ONATHAN O. PEÑA Attorney for Plaintiff 18 19 Dated: November 16, 2022 PHILLIP A. TALBERT United States Attorney 20 MATHEW W. PILE Associate General Counsel 21 Office of Program Litigation 22 Social Security Administration 23 By: _*_Mary Tsai Mary Tsai 24 Special Assistant U.S. Attorney Attorneys for Defendant 25 (*Permission to use electronic signature 26 obtained via email on November 16, 2022). 27 1 ORDER 2 Based upon the parties’ stipulation (ECF No. 16), IT IS ORDERED that fees and expenses in 3 || the amount of $486.12 as authorized by the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and no 4 || costs as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the stipulation. 5 IT IS SO ORDERED. 7|| Dated: _ November 18, 2022 [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-