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

1 Betty Herrera, Esq. (CSBN 242189) UNITED DISABILITY LAWYERS GROUP 2 285 N. Hill Avenue, Suite 100 3 Pasadena, California 91106 4 Direct Line: (401) 400-4276 Office: (888) 425-1666 5 bherrera@uniteddisabilitylawyers.com 6 Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ALIDE LEAL, ) Case No. 1:22-cv-01599-SKO 11 ) Plaintiff, ) STIPULATION AND UNOPPOSED 12 ) MOTION FOR THE AWARD AND 13 v. ) PAYMENT OF ATTORNEY FEES ) AND EXPENSES PURSUANT TO 14 KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE 15 Acting Commissioner of Social ) ACT, 28 U.S.C. § 2412(d), AND 16 Security, ) COSTS PURSUANT TO 28 U.S.C. § ) 1920; ORDER 17 Defendant. ) 18 ) (Doc. 15) ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that ALIDE LEAL be 22 awarded attorney fees and expenses in the amount of ONE THOUSAND SEVEN 23 HUNDRED NINETY FIFTY DOLLARS AND ZERO CENTS ($1,750) under the 24 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount 25 of ZERO dollars under 28 U.S.C. § 1920. This amount represents compensation 26 for all legal services rendered on behalf of Plaintiff by counsel in connection with 27 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 28 1 After the Court issues an order for EAJA fees to ALIDE LEAL, the 2 government will consider the matter of ALIDE LEAL assignment of EAJA fees to 3 Betty Herrera. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (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. 6 After the order for EAJA fees is entered, the government will determine whether 7 they are subject to any offset. 8 Fees shall be made payable to ALIDE LEAL, but if the Department of the 9 Treasury determines that ALIDE LEAL does not owe a federal debt, then the 10 government shall cause the payment of fees, expenses and costs to be made directly 11 to Betty Herrera, United Disability Lawyers Group, pursuant to the assignment 12 executed by Plaintiff. Any payments made shall be delivered to Betty Herrera. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request 14 for EAJA attorney fees, and does not constitute an admission of liability on the part 15 of Defendant under the EAJA or otherwise. Payment of the agreed amount shall 16 constitute a complete release from, and bar to, any and all claims that ALIDE 17 LEAL and/or Betty Herrera including United Disability Lawyers Group may have 18 relating to EAJA attorney fees in connection with this action. 19 This award is without prejudice to the rights of Betty Herrera and/or United 20 Disability Lawyers Group to seek Social Security Act attorney fees under 42 21 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 22 23 Dated: July 18, 2023 UNITED DISABILITY 24 25 By: /s/ Betty Herrera 26 BETTY HERRERA Attorneys for Plaintiff 27 28 1 Dated: July 18, 2023 E. MARTIN ESTRADA 2 United States Attorney 3 4 By: /s/ Oscar Gonzalez * 5 Oscar Gonzalez 6 * By email authorization on 07/18/2023 Special Assistant United States Attorney 7 Attorneys for Defendant 8 9 ORDER 10 Based upon the parties’ foregoing Stipulation and Unopposed Motion for 11 the Award and Payment of Equal Access to Justice Act Fees, Costs, and Expenses 12 (erroneously docketed as a motion) (Doc. 15), 13 IT IS ORDERED that fees and expenses in the amount of ONE THOUSAND 14 SEVEN HUNDRED FIFTY DOLLARS AND ZERO CENTS ($1,750) as 15 authorized by 28 U.S.C. § 2412, and costs in the amount of $0.00 as authorized by 16 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 17 18 IT IS SO ORDERED. 19 Dated: July 21, 2023 /s/ Sheila K. Oberto . 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28