(SS) Vanleeuwen 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 KENT HENRY VANLEEUWEN, No. 1:21-cv-00963-ADA-HBK 12 Plaintiff, ORDER GRANTING STIPULATION FOR AN AWARD OF ATTORNEY FEES UNDER 13 v. THE EQUAL ACCESS TO JUSTICE ACT 14 KILOLO KIJAKAZI, Acting (ECF No. 21) Commissioner of Social Security, 15 Defendant. 16 17 On June 17, 2021, Plaintiff Kent Henry Vanleeuwen filed this action seeking review of a 18 final decision of Defendant Commissioner of Social Security. (ECF No. 1.) On October 24, 19 2022, the Court adopted the Magistrate Judge’s findings and recommendations that recommended 20 granting Plaintiff’s motion for summary judgment and remanding the matter for further 21 administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (ECF No. 18.) On 22 January 23, 2023, the parties filed a stipulation that Plaintiff should be awarded attorney’s fees 23 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $4,000.00. (ECF 24 No. 21 at 2.) 25 Accordingly, 26 1. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), Plaintiff is 27 awarded attorney’s fees in the amount of $4,000.00; 28 /// 1 2. After the issuance of this order, the government shall consider the assignment of 2 the Equal Access to Justice Act attorney’s fees to Plaintiff's counsel as follows: 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 Offset 6 Program; 7 b. Fees shall be made payable to Plaintiff, but if the Department of Treasury 8 determines that Plaintiff does not owe a federal debt, then the government 9 shall cause the payment of attorney’s fees to be made directly to Plaintiffs 10 counsel, 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 14 Pefia & Bromberg, PLC 2440 Tulare St., Ste. 320 15 Fresno, CA 93721 16 17 | Ir IS SO ORDERED. 18 Dated: _ January 24, 2023 19 UNITED fTATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28