(SS) Rojas 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 MARIA ROJAS, No. 1:21-cv-00831-ADA-BAM 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. 31) 15 Defendant. 16 17 On May 24, 2021, Plaintiff Maria Rojas filed this action seeking review of a final decision 18 of Defendant Commissioner of Social Security. (ECF No. 1.) The Court remanded the matter on 19 October 18, 2022 for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 20 405(g). (ECF No. 29.) On January 6, 2023, the parties filed a stipulation that Plaintiff should be 21 awarded attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the 22 amount of $5,631.60. (ECF No. 31.) 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 $5,631.60; 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 □□□□□□□□□□□ 8 counsel, Jonathan O. Pefia; 9 3. Whether the payment of attorney’s fees is made payable to Plaintiff or to her 10 counsel, the check shall be mailed to Plaintiff’s counsel at: 11 Jonathan O. Pefia Pefia & Bromberg, PLC 12 2440 Tulare St., Ste. 320 Fresno, CA 93721 13 14 15 IT IS SO ORDERED. 16 Dated: _ January 9, 2023 17 UNITED f£TATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28