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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUBEN J. JAIME, No. 1:21-cv-00307-DAD-HBK 12 Plaintiff, 13 v. ORDER ADOPTING THE PARTIES’ STIPULATION FOR THE AWARD OF 14 COMMISSIONER OF SOCIAL ATTORNEY’S FEES UNDER THE EQUAL SECURITY, ACCESS TO JUSICE ACT 15 Defendant. (Doc. No. 28) 16 17 On March 2, 2021, plaintiff Ruben J. Jaime filed this action seeking review of a final 18 decision of defendant Commissioner of Social Security. (Doc. No. 1.) On April 29, 2022, the 19 matter was remanded to the Commissioner of Social Security for further proceedings pursuant to 20 42 U.S.C. § 405(g). (Doc. No. 25.) On July 21, 2022, the parties filed a stipulation with the court 21 in which the parties agree that plaintiff shall be awarded attorney’s fees under the Equal Access to 22 Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $6,599.36. (Doc. No. 28.) 23 Good cause appearing, and pursuant to the parties’ July 21, 2022 stipulation, the court 24 orders as follows: 25 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 26 the amount of $6,599.36; 27 2. After the issuance of this order, the government shall consider the assignment of 28 the EAJA attorney’s fees to plaintiff’s counsel; 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 (“the 4 DOT”) Offset Program; 5 b. Fees shall be made payable to plaintiff, but if the DOT determines that 6 plaintiff does not owe a federal debt, then the government shall cause the 7 payment of attorney’s fees to be made directly to plaintiff's counsel, 8 Jonathan O. Pefia; 9 3. Whether the payment of attorney’s fees is made payable to plaintiff or to his 10 counsel, the check will be mailed to plaintiffs counsel’s mailing address at: 11 Jonathan O. Pefia Pefia & Bromberg, PLC 12 2440 Tulare St., Ste. 320 13 Fresno, CA 93721 IT IS SO ORDERED. ame 14 \ ii A, A So 15 Dated: _ July 24, 2022 went ae UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28