(SS) Hernandez v. Commisioner 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 GLORIA ESTELLA HERNANDEZ, No. 1:20-cv-01112-ADA-BAM 12 Plaintiff, ORDER GRANTING STIPULATION FOR AWARD OF ATTORNEY FEES AND 13 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, (ECF No. 36) 15 Defendant. 16 17 On August 12, 2020, Plaintiff Gloria Estella Hernandez filed this action seeking review of 18 a final decision of Defendant Commissioner of Social Security. (ECF No. 1.) The Court 19 remanded the matter on October 19, 2022 for further administrative proceedings pursuant to 20 sentence four of 42 U.S.C. § 405(g). (ECF No. 34.) On January 18, 2023, the parties filed a 21 stipulation that Plaintiff should be awarded attorney’s fees under the Equal Access to Justice Act, 22 28 U.S.C. § 2412(d), in the amount of $6,200.00. (ECF No. 36 at 1.) The parties further stipulate 23 that Plaintiff is not entitled to any costs under 28 U.S.C. § 1920. (Id.) 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 $6,200.00; 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 will be mailed to Plaintiff's counsel’s mailing address at: 11 Jonathan O. Pefia Pefia & Bromberg, PLC 12 2440 Tulare St., Ste. 320 13 Fresno, CA 93721 14 15 16 IT IS SO ORDERED. 7 Dated: _ January 23, 2023 _ UNITED f£TATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28