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

1 Francesco Benavides, CSBN 258924 Law Offices of Francesco Benavides 2 1990 N. California Blvd. Suite 20 Walnut Creek, CA 94596 3 Tel: (925) 222-7071 4 Fax: (925) 522-5306 Email: francesco@benavidesdisabilitylaw.com 5 6 Attorney for Plaintiff TAUNYA SMITH 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 TAUNYA SMITH, Case No. 1:22-cv-01372-SKO 13 Plaintiff, STIPULATION AND UNOPPOSED 14 MOTION FOR THE AWARD AND 15 v. PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE 16 KILOLO KIJAKAZI, Acting EQUAL ACCESS TO JUSTICE ACT; 17 Commissioner of Social Security, ORDER 18 Defendant. (Doc. 17) 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 22 attorney fees and expenses in the amount of $5,650.00, under the Equal Access to 23 Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 24 amount represents compensation for all legal services rendered on behalf of Plaintiff by 25 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 2412(d), 26 27 1920. 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 Plaintiff’s counsel, 11 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 12 This stipulation constitutes a compromise settlement of Plaintiff’s request for 13 EAJA attorney fees and does not constitute an admission of liability on the part of 14 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 15 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 16 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 17 relating to EAJA attorney fees in connection with this action. 18 This award is without prejudice to the rights of Francesco Benavides to seek 19 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 20 clause provisions of the EAJA. 21 22 Respectfully submitted, 23 24 Dated: May 4, 2023 Law Offices of Francesco Benavides 25 26 By: /s/ Francesco Benavides FRANCESCO P. BENAVIDES 27 Attorney for Plaintiff 1 2 3 Dated: May 4, 2023 PHILLIP A. TALBERT 4 United States Attorney MATHEW W. PILE 5 Associate General Counsel 6 Social Security Administration 7 8 By: Erin A. Jurrens* 9 ERIN A. JURRENS Special Assistant U.S. Attorney 10 Attorneys for Defendant 11 (*Permission to use electronic signature obtained via email on May 4, 2023). 12 13 ORDER 14 Based upon the parties’ Stipulation and Unopposed Motion for the Award and 15 16 Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 17 17), IT IS ORDERED that fees and expenses in the amount of $5,650.00 as authorized 18 by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded subject to the 19 20 terms of the Stipulation. 21 22 IT IS SO ORDERED. 23 24 Dated: May 4, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 25 26 27