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

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 SHANNON FISHEL, GSBN 376604 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (404) 562-1076 7 E-Mail: Shannon.Fishel@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ) Case No.: 1:22-cv-01337-SKO 12 PAUL RENE ROMERO, ) ) STIPULATION AND UNOPPOSED 13 Plaintiff, ) MOTION FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES AND 14 vs. ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. 15 Acting Commissioner of Social Security, ) § 2412(d); ORDER ) 16 ) (Doc. 17) Defendant. ) 17 ) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 21 expenses in the amount $8,400.00 (EIGHT THOUSAND FOUR HUNDRED dollars) under the 22 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation 23 for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil 24 action, in accordance with 28 U.S.C. § 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 27 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 28 will depend on whether the fees are subject to any offset allowed under the United States 1 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 2 government will determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 5 expenses and costs to be made directly to counsel, Francesco Benavides, pursuant to the 6 assignment executed by Plaintiff. Any payments made shall be delivered to counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 11 to EAJA attorney fees or costs in connection with this action. 12 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 13 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 14 provisions of the EAJA. Respectfully submitted, 15 16 Date: May 5, 2023 /s/ Francesco P. Benavides FRANCESCO P. BENAVIDES 17 (as authorized by email on May 5, 2023) Attorney for Plaintiff 18 19 PHILLIP A. TALBERT United States Attorney 20 MATHEW W. PILE Associate General Counsel 21 Social Security Administration 22 /s/ Shannon Fishel 23 SHANNON FISHEL 24 Special Assistant United States Attorney Social Security Administration 25 Attorney for Defendant 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation and Unopposed Motion for the Award and Payment 3 of Equal Access to Justice Act Fees, Costs, and Expenses (Doc. 17), IT IS ORDERED that fees 4 and expenses in the amount of $8,400.00, as authorized by 28 U.S.C. § 2412, be awarded subject 5 to the terms of the Stipulation. 6 IT IS SO ORDERED. 7 8 Dated: May 5, 2023 /s/ Sheila K. Oberto . 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28