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

1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 FRESNO DIVISION 4 5 ANTHONY MARTINEZ, Case No. 1:21-cv-01440-GSA 6 Plaintiff, STIPULATION FOR THE AWARD AND 7 PAYMENT OF ATTORNEY FEES AND 8 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; 9 KILOLO KIJAKAZI, Acting ORDER 10 Commissioner of Social Security, 11 Defendant. 12 IT IS HEREBY STIPULATED by and between the parties through their 13 undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded 14 attorney fees and expenses in the amount of $6,700.23, under the Equal Access to 15 Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all 16 legal services rendered on behalf of Plaintiff by counsel in connection with this civil 17 action, in accordance with 28 U.S.C. §§ 2412(d), 1920. 18 After the Court issues an order for EAJA fees to Plaintiff, the government will 19 20 consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to 21 Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability 22 to honor the assignment will depend on whether the fees are subject to any offset 23 allowed under the United States Department of the Treasury’s Offset Program. After 24 the order for EAJA fees is entered, the government will determine whether they are 25 subject to any offset. 26 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 27 determines that Plaintiff does not owe a federal debt, then the government shall cause 1 the payment of fees, expenses and costs to be made directly to Plaintiff’s counsel, 2 Francesco Benavides, pursuant to the assignment executed by Plaintiff. 3 This stipulation constitutes a compromise settlement of Plaintiff’s request for 4 EAJA attorney fees and does not constitute an admission of liability on the part of 5 Defendant under the EAJA or otherwise. Payment of the agreed amount shall 6 constitute a complete release from, and bar to, any and all claims that Plaintiff and/or 7 Francesco Benavides, including the Law Offices of Francesco Benavides, may have 8 relating to EAJA attorney fees in connection with this action. 9 This award is without prejudice to the rights of Francesco Benavides to seek 10 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 11 clause provisions of the EAJA. 12 13 Respectfully submitted, 14 15 Dated: June 14, 2022 Law Offices of Francesco Benavides 16 By: /s/ Francesco Benavides 17 FRANCESCO P. BENAVIDES 18 Attorney for Plaintiff 19 20 21 22 Dated: June 14, 2022 PHILLIP A. TALBERT United States Attorney 23 PETER THOMPSON 24 Acting Regional Chief Counsel, Region IX Social Security Administration 25 26 By: Andrea Banks* ANDREA BANKS 27 Special Assistant U.S. Attorney 1 Attorneys for Defendant (*Permission to use electronic signature 2 obtained via email on June 14, 2022). 3 4 5 ORDER 6 Based upon the parties’ Stipulation for the Award and Payment of Equal Access 7 to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the 8 9 amount of $6,700.23 as authorized by 28 U.S.C. § 2412, be awarded subject to the 10 terms of the Stipulation. 11 12 13 IT IS SO ORDERED. 14 Dated: June 14, 2022 /s/ Gary S. Austin 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27