(SS) Vang 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, Yer Vang 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 Yer Vang, Case No. 1:22-cv-01101-SKO 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; ORDER RE: Commissioner of Social Security, STIPULATION AND DENYING 17 MOTION FOR ATTORNEY’S FEES 18 Defendant. AS MOOT 19 (Docs. 23 & 26) 20 21 IT IS HEREBY STIPULATED by and between the parties through their 22 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 23 attorney fees and expenses in the amount of FOUR THOUSAND SIX HUNDRED 24 DOLLARS AND 00/100 ($4,600.00) under the Equal Access to Justice Act (EAJA), 28 25 U.S.C. § 2412(d), and costs in the amount of ZERO dollars ($0.00) under 28 U.S.C. 26 §1920. This amount represents compensation for all legal services rendered on behalf of 27 1 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. 2 §§ 1920, 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will 4 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 5 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 6 to honor the assignment will depend on whether the fees are subject to any offset 7 allowed under the United States Department of the Treasury’s Offset Program. After 8 the order for EAJA fees is entered, the government will determine whether they are 9 subject to any offset. 10 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 11 determines that Plaintiff does not owe a federal debt, then the government shall cause 12 the payment of fees, expenses and costs to be made directly to Counsel, pursuant to 13 the assignment executed by Plaintiff. Any payments made shall be delivered and 14 made payable to Plaintiff’s counsel, Jonathan O. Peña. 15 Plaintiff’s net worth did not exceed $2,000,000.00 when this action was filed. 16 This stipulation constitutes a compromise settlement of Plaintiff’s request for 17 EAJA attorney fees, and does not constitute an admission of liability on the part of 18 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 19 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 20 Counsel including Counsel’s firm may have relating to EAJA attorney fees in 21 connection with this action. 22 This award is without prejudice to the rights of Counsel and/or Counsel’s firm 23 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the 24 savings clause provisions of the EAJA. 25 Respectfully submitted, 26 27 1 Dated: September 14, 2023 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 2 Attorney for Plaintiff 3 Dated: September 14, 2023 PHILLIP A. TALBERT 4 United States Attorney 5 MATHEW W. PILE Associate General Counsel 6 Office of Program Litigation 7 Social Security Administration 8 By: _*_Oscar Gonzalez de Llano 9 Oscar Gonzalez de Llano 10 Special Assistant U.S. Attorney Attorneys for Defendant 11 (*Permission to use electronic signature 12 obtained via email on September 14, 2023). 13 ORDER 14 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 15 16 to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 26), 17 IT IS ORDERED that fees and expenses in the amount of FOUR THOUSAND 18 19 SIX HUNDRED DOLLARS AND 00/100 ($4,600.00) as authorized by the Equal Access 20 to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of ZERO dollars 21 ($0.00) under 28 U.S.C. §1920, be awarded subject to the terms of the Stipulation. 22 23 IT IS FURTHER ORDERED that Plaintiff’s motion for attorney’s fees (Doc. 24 23) is DENIED as MOOT. 25 26 27 IT IS SO ORDERED. 1 Dated: September 15, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27