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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTURO PERALES, No. 2:21-cv-00055-DAD-JDP 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSICE ACT 15 Defendant. (Doc. No. 31) 16 17 On January 11, 2021, plaintiff Arturo Perales filed this action seeking review of a final 18 decision of defendant Commissioner of Social Security. (Doc. No. 1.) On January 24, 2023, the 19 matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 20 42 U.S.C. § 405(g). (Doc. No. 29.) On April 26, 2023, the parties filed a stipulation with the 21 court in which the parties agree that plaintiff shall be awarded attorney’s fees under the Equal 22 Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $10,000.00. (Doc. No. 23 31.) 24 Good cause appearing, and pursuant to the parties’ April 26, 2023 stipulation, the court 25 orders as follows: 26 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 27 the amount of $10,000.00; 28 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiff's counsel; 3 a. Pursuant to the decision in Astrue v. Ratliff, 560 U.S. 586 (2010), any such 4 assignment will depend on whether the attorney’s fees are subject to any 5 offset allowed under the United States Department of Treasury’s (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff's counsel, 10 Jonathan O. Pefia; 11 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 12 counsel, the check will be mailed to plaintiff's counsel’s mailing address at: 13 Jonathan O. Pefia Pefia & Bromberg, PLC 14 2440 Tulare St., Ste. 320 15 Fresno, CA 93721 16 IT IS SO ORDERED. 'T | Dated: 16,2023 Dae A. 2, sel 18 UNITED STATES DISTRICY JUDGE 19 20 21 22 23 24 25 26 27 28