(SS) Harrell 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 GREGORY WALLACE HARRELL, No. 1:23-cv-00959-ADA-EPG (SS) 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. 17) 15 Defendant. 16 17 On June 27, 2023, Plaintiff Gregory Wallace Harrell filed this action seeking review of a 18 final decision of Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. (ECF No. 19 1.) The Court remanded the matter on October 27, 2023, for further administrative proceedings 20 pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 15.) On October 31, 2023, the Parties 21 filed a stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access to 22 Justice Act, 28 U.S.C. § 2412(d), in the amount of $6,772.22 and no costs under 28 U.S.C. § 23 1920. (ECF No. 17.) 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 $6,772.22; 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 Paulo Benavides; 9 C. Whether the payment of attorney’s fees is made payable to Plaintiff or to 10 his counsel, the check will be mailed to Plaintiff's counsel’s mailing 11 address at: 12 3 Francesco Paulo Benavides Law Offices of Francesco Benavides 14 1990 N. California Blvd. Suite 20, PMB 1038 15 Walnut Creek, CA 94596 16 17 18 IT IS SO ORDERED. 19 Dated: _ November 2, 2023 UNITED fTATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28