(SS) Velasco 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 ERNESTO VELASCO, No. 1:21-cv-01234-DAD-GSA 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. 16) 16 17 18 On August 13, 2021 plaintiff Ernesto Velasco filed this action seeking review of a final 19 decision of defendant Kilolo Kijakazi, the Acting Commissioner of Social Security. (Doc. No. 1.) 20 On May 3, 2022, the matter was remanded to the Commissioner of Social Security for further 21 proceedings pursuant to 42 U.S.C. § 405(g). (Doc. No. 14.) On July 30, 2022, the parties filed a 22 stipulation with the court in which the parties agree that plaintiff shall be awarded attorney’s fees 23 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $591.54. 24 (Doc. No. 16.) 25 Good cause appearing, and pursuant to the parties’ July 30, 2022 stipulation, the court 26 orders as follows: 27 1. Pursuant to the EAJA, 28 U.S.C. § 2412(d), plaintiff is awarded attorney’s fees in 28 the amount of $591.54; 1 2. After the issuance of this order, the government shall consider the assignment of 2 the EAJA attorney’s fees to plaintiffs counsel; 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 (“the 6 DOT”) Offset Program; 7 b. Fees shall be made payable to plaintiff, but if the DOT determines that 8 plaintiff does not owe a federal debt, then the government shall cause the 9 payment of attorney’s fees to be made directly to plaintiff's counsel, 10 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 Pefia & Bromberg, PLC 14 2440 Tulare St., Ste. 320 Fresno, CA 93721 15 16 | IT IS SO ORDERED. □ Dated: _ August 1, 2022 Hen | or 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28