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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KOUANENG MOUA, No. 1:22-cv-00655-ADA-EPG 12 Plaintiff, ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 13 v. ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, (ECF No. 19) 15 Defendant. 16 17 On May 30, 2022, Plaintiff Kouaneng Moua filed this action seeking review of a final 18 decision of Defendant Commissioner of Social Security. (ECF No. 1.) The Court remanded the 19 matter on December 13, 2022 for further administrative proceedings pursuant to sentence four of 20 42 U.S.C. § 405(g). (ECF No. 17.) On December 20, 2022, the parties filed a stipulation that 21 Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 22 2412(d), in the amount of $6,041.88. The parties further stipulate that Plaintiff is not entitled to 23 any costs under 28 U.S.C. § 1920. 24 Accordingly: 25 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is 26 awarded attorney’s fees in the amount of $6,041.88; 27 2. After the issuance of this order, the government shall consider the assignment of 28 the Equal Access To Justice Act attorney’s fees to Plaintiff’s counsel as follows: 1 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 2 assignment will depend on whether the attorney’s fees are subject to any 3 offset allowed under the United States Department of Treasury’s Offset 4 Program; 5 b. Fees shall be made payable to Plaintiff, but if the Department of Treasury 6 determines that Plaintiff does not owe a federal debt, then the government 7 shall cause the payment of attorney’s fees to be made directly to Plaintiffs 8 counsel, Francesco P. Benavides; 9 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to his 10 counsel, the check will be mailed to Plaintiff's counsel’s mailing address at: 11 Francesco Benavides Law Offices of Francesco Benavides 12 1990 N. California Blvd., Ste. 20 3 Walnut Creek, CA 94596 14 15 16 IT IS SO ORDERED. " Dated: _ December 22, 2022 18 UNITED f£TATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28